P sued the manufacturer for the loss he suffered as a result of using the machine. Co-workers repaired the machine by replacing the covering panel card board. P was pulled unconscious after stepping on the card board. P sued the manufacturer for damages. To discuss: Plaintiff’s causes of action against the defendant, as well as the defendant’s potential defences.

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Barbara Rome entered Flower Memorial Hospital to undergo a series of X-rays. When she was ready for the X-rays, she was assisted by a student radiological intern. The intern placed Rome on the X-ray table and strapped her onto the table correctly; however, the intern did not properly fasten the footboard, which was located at the foot of the table. As a result of this error, Rome fell and was hurt when the table was raised. As a consequence, Rome brought a lawsuit against Flower Memorial Hospital, alleging that the ordinary negligence of the intern had caused her injury. In contrast, the hospital argued that the lawsuit involved a medical claim, as defined under the state’s medical malpractice statute. Whether a case involves ordinary negligence or a medical claim would determine whether the state’s two-year statute of limitations for negligence or the state’s one-year statute of limitations for medical claims would apply. This case clearly involves a difference of opinion on the…

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Question

Chapter 24, Problem 8Q

Summary Introduction

Case summary:

P sued the manufacturer for the loss he suffered as a result of using the machine. Co-workers repaired the machine by replacing the covering panel card board. P was pulled unconscious after stepping on the card board. P sued the manufacturer for damages.

To discuss: Plaintiff’s causes of action against the defendant, as well as the defendant’s potential defences.

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