Chapter 2.3, Problem I.8E

Denny’s and Customer Service Early on the morning of April 1, 1993, 21 members of the U.S. Secret Service arrived in Annapolis, Maryland, to prepare for President Bill Clinton’s speech at the U.S. Naval Academy later that day. Before setting up security at the academy, the contingent, in full uniform, went to a local Denny’s restaurant for breakfast. The group included six African American agents who sat at a table together, and an African American supervisor who, with the white agents, sat at other tables. After all the agents had ordered, the six black agents realized that the white agents and their supervisor had been served while they had not. Agent Robin Thompson went to ask the waitress about the order, and she said it was on its way. He then asked to talk with the manager and was told that the manager was on the phone. (White agents seated at other tables later reported that the waitress rolled her eyes after turning to leave the black agents’ table.)…

A gasoline-powered lawn mower that had been used earlier to cut grass was left unattended next to a water heater that had been manufactured by Sears. Expert testimony was presented to demonstrate that vapors from the mower’s gas tank accumulated under the water heater and resulted in an explosion. Three-year-old Shawn Toups was injured as a result. Evidence was also presented negating any claim that Shawn had been handling the gasoline can located nearby or the lawn mower. He was not burned on the soles of his feet or the palms of his hands, and, similarly, the gas can remained in an upright position even after the explosion. Is Sears liable to the Toups in strict product liability? Explain.

MAN BITTEN BY CROCODILE HE MISTOOK AS ANIMAL STATUE NOW OUT OF DANGER  CAGAYAN DE ORO CITY—A 68-year-old man bitten by a crocodile he mistook as an animal statue in a resort in this city is now out of danger. Mercy Joy Chipada, daughter of victim Nehemias Chipada, said her father was recuperating at the Northern Mindanao Medical Center after surgery on his left arm. On Nov. 10, Chipada, along with family members, went to Amaya View, a mountain resort in Barangay Indahag that overlooks the city’s urban district, to celebrate his birthday. Photos posted on social media showed Chipada and family members posing and taking pictures with concrete replicas of animals in Noah’s Ark, one of the amenities in the resort. A video also showed Chipada climbing down a few feet to get near the unmoving reptile and tapping its head, thinking it was just a statue. He waded in the shallow pond where the crocodile, moments after the head-tapping, locked its jaws on the old man’s left arm. Seconds after,…