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MINI-EXAM

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Professor DeWolf Summer 1998Torts I June 29, 1998MINI-EXAMInstructions DO NOT GO BEYOND THIS PAGE UNTIL THE EXAM ACTUALLY BEGINS. While you are waiting for the exam to begin, be sure that you have written the LAST FOURdigits of your SOCIAL SECURITY NUMBER on each bluebook, that you have read theseinstructions, and that you are otherwise ready to begin. This exam will last 60 minutes. Plan on spending at least 10 MINUTES reading the question andoutlining your answer. REREAD the question to be sure you haven't missed anything.Please discuss only the kinds of issues that would be raised as a result of what you havelearned through Chapter 1. Please OMIT from your analysis any discussion of issues that arecovered beyond that point, including proximate cause, the assessment of the amount of recoverabledamages, contributory fault, or any other affirmative defense. DOUBLE-SPACE your answer in the blue-book(s). If you use more than one bluebook, label each bluebook, e.g., "Book 1"; "Book 2"; etc. You are welcome to use abbreviations, but indicate what they are, e.g., "Andropov (A) would sueBrezhnev (B). B would be liable to A if ... ." Plan on spending at least 10 minutes at the end PROOFREADING your answers. You may notwrite ANOTHER WORD after time is called. You may KEEP your copy of the exam questions if you wish. REMEMBER THE HONOR CODE: DO NOT IDENTIFY YOURSELFDOUBLE SPACE! GOOD LUCK! DOUBLE SPACE!Mini-Exam, June 29, 1998 Page 2 of 2QuestionAt about 3:40 p.m. on August 14, 1996, Gregory Hinds was driving a tractor-trailer at aboutforty miles per hour eastbound on Highway 22. As he approached the intersection of Grant Ave.and Highway 22, the light in his direction changed from green to yellow. Because of the heavy loadthat he was carrying, Hinds believed that if he slammed on his brakes he might lose control of thecargo, resulting in a spill, and so he continued on through the intersection. At the same momentDonald Pequignot was on his way home from his job as a high school guidance counselor, travelingnorth on Grant Ave. on his motorcycle. Since the lights were timed and he was familiar with theroute, he was expecting that the light would be green in his direction when he crossed Highway 22.Indeed, Pequignot recalls that the light had turned green when he was about 50 feet from theintersection. Unfortunately, by the time Pequignot entered the intersection Hinds' truck was still init, and Pequignot's motorcycle struck the rear underside of the trailer. As a result of the injuries hereceived Pequignot is now a paraplegic. The tractor-trailer was owned by Interstate Transport Systems, Inc. Hinds had leased thetractor-trailer from Interstate for a two-year period for $2,400 per month. Hinds had a contract withZirconium Specialties to haul approximately 70,000 pounds of tailings (waste material) fromZirconium Specialties' ore processing plant in Springfield to a waste disposal site in Farmington, 145miles distant. The contract specified that Hinds would receive $.01 per pound and required him tomake a pick-up of tailings from the plant within three days of being notified by the plant manager'soffice that a quantity of 50,000 pounds of tailings had accumulated. This worked out to about threetrips per week. The tailings were a byproduct of a refining process which produced nuclear gradezirconium metals. Although the tailings are considered low-level radioactive waste, state andfederal law only required that Hinds place warning signs on the back and sides of his cargo, whichhe did.Following the accident Zirconium terminated its contract with Hinds for hauling the tailings,and the tractor-trailer has since been repossessed by Interstate. Hinds is now unemployed. At thescene of the accident Hinds claimed that the light was yellow when he entered the intersection, buthe was ticketed by the investigating police officer for running a red light.You have been hired by Pequignot to analyze whether or not he would be able to recover tortcompensation for his injuries. What would you tell


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