BUSINESS LAW
BUSINESS LAW
17th Edition
ISBN: 9780357007594
Author: Mann
Publisher: Cengage Learning
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Chapter 7, Problem 11CP
Summary Introduction

To discuss: Whether person M can recover.

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Marcia Samms claimed that David Eccles had repeatedly and persistently called her at various hours, including late at night, from May to December, soliciting her to have illicit sexual relations with him. She also claimed that on one occasion, Eccles came over to her residence to again solicit sex and indecently exposed himself to her. Mrs. Samms had never encouraged Eccles but had continuously repulsed his “insulting, indecent, and obscene” proposals. She brought suit against Eccles, claiming she suffered great anxiety and fear for her personal safety and severe emotional distress, demanding actual and punitive damages. Can she recover? If so, for what tort?
Ms. Gadner was driving her car on the highway when another car driven by Mr. Sneed passed her, sideswiped her, ran her off the road, and drove off. She caught up with Mr. Sneed and forced him to stop. She got out of the car and started to walk to his car when he drove away. When she was walking back to her car, Mr. Otis struck her with his vehicle. Gadner was transported to Bay Hospital, a small rural hospital, where Dr. Dick, a second year pediatric resident, was the attending emergency room physician. Upon arriving at Bay, Gadner's skin was cool and clammy and her blood pressure was 95/55, indicative of shock. Gadner received 200 ml’s per hour of fluid and was x-rayed. She actively requested a transfer because of vaginal bleeding. Nurse Gilbert voiced her own concerns about the need for a transfer to the other nurses in the emergency room, but not to Dr. Dick. Dr. Dick did not order a transfer. Bay is a rural hospital and is not equipped to handle trauma patients with multiple…
LAUREEN STATTE WAS A guest at the Vacation Inn Express, a midpriced, limited service hotel in an urban area. When she checked into the hotel, she inquired about the availability of a workout room. Upon receiving assurances that the hotel did indeed have such an area, Ms. Statte checked into the hotel, put away her luggage, changed into workout attire, and proceeded to the workout area. Upon entering the workout room, she noticed a sign prominently posted near the entrance to the workout room stating: “Hotel Not Liable for Any Injuries Incurred During Workouts.” According to her attorney, Ms. Statte lifted deadweights for approximately 10 minutes, and then mounted a treadmill. As an experienced treadmill user, she started slowly, gradually increasing the treadmill’s speed. Shortly after beginning the treadmill workout, Ms. Statte fell backward into a plate-glass window that was approximately 2 feet behind the treadmill. The glass shattered, and shards from the glass severely injured Ms.…
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