Provided here is a practice exam question that covers some intentional torts and negligence.
Instructions:
• Limit yourself to 60 minutes to read, organize, and write your response.
• Remember to use an IRAC or CREAC structure when discussing any legal issues.
Fact Pattern:
Lenny and George were taking a bucolic stroll along a country lane when they came across a woman crumpled along the side of the road. Her name was Vivian and she told the men that she was recently hit by a car. Vivian’s right leg looked badly injured and she told Lenny and George that she needed their help.
Lenny turned to George and said, “Let’s just walk away, I don’t want to get involved in this.” George, who is a licensed physician, had more of a heart and decided he wanted to help. George leaned down toward Vivian and grabbed her injured leg. He started twisting and bending Vivian’s leg into various outrageous positions, while asking, “Does this hurt?”
As a shock of pain rushed through Vivian, her adrenaline spiked and she rose to her feet. With rage in her eyes, she shouted, “You’re wrecking my leg, you fool!” and she took a swing at George’s head. George, who is also a Golden Gloves champion, saw the punch coming and deked it. Because George evaded the punch, Vivian struck Lenny in the side of the head. Lenny had previously spotted a Baltimore oriole and was obliviously looking through his binoculars into the woods when Vivian struck him.
Realizing the situation was getting out of control, George called an ambulance for Vivian. The ambulance safely transported Vivian to the hospital. The ER doctor determined that Vivian’s leg probably would have been fine if George hadn’t intervened, and the George’s intervention created damage that would require surgery. Vivian’s orthopedic surgeon, Dr. Witman, negligently performed the surgery, including accidentally cutting open Vivian’s left leg instead of her right leg, causing an additional $100,000 in medical expenses.
Once Vivian finally left the hospital, she required a cast and crutches to walk. Vivian took a taxi home from the hospital. When she got dropped at the curb, Vivian was so excited to finally get home that she started jogging up her from stairs on her new cast and crutches. She slipped up the stairs, fell, and broke her wrist as a result.
Discuss any tort liabilities that emerge from this scenario.
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