Page 1Page 2Page 3Page 4Page 5Page 6Page 7Page 8Page 9Page 10TORTS II PROFESSOR DEWOLFSPRING 2005 April 30, 2005FINAL EXAMInstructionsDO NOT GO BEYOND THIS PAGE UNTIL THE EXAM ACTUALLY BEGINS.THIS IS A CLOSED BOOK EXAM! While you are waiting for the exam to begin, be surethat you have written your EXAM NUMBER on EACH bluebook, that you have read theseinstructions, and that you are otherwise ready to begin.IMPORTANT: This exam will last THREE HOURS. Plan on spending at least 20MINUTES reading the questions and outlining your answers. REREAD each question to be sureyou haven't missed anything.DOUBLE-SPACE your answers in the bluebook. Use SEPARATE BLUEBOOKS for EACH QUESTION. Label each bluebook accordingto each question and, if necessary, book number.PLEASE IGNORE issues relating to legal causation; assume that any but-for cause of aninjury is also a proximate cause of that injury.Plan on spending at least 15 minutes at the end PROOFREADING your answers. You maynot write ANOTHER WORD after time is called.A STATUTORY APPENDIX is provided that gives the law of this jurisdiction, the State ofLinden, on some issues. If no law is specified on the point you are interested in, please comment onthe possible alternatives.Each question has been assigned a point total, and the exam as a whole has a point total of135. Spend the amount of time on each question reflecting its relative worth.You may KEEP your copy of the exam questions if you wish. REMEMBER THE HONOR CODE! Don't identify yourself.DOUBLE SPACE! DOUBLE SPACE! DOUBLE SPACE!GOOD LUCK!!!TORTS II, SPRING 2005, FINAL EXAM Page 2 of 14 1. Hemolysis is the breakdown of red blood cells.QUESTION 1 (65 points)On July 28, 2002, Dr. Phillip Reynolds, his wife Lucy Reynolds, and their three-year-old sonDillon visited Surplus Sales, a "warehouse" discount store. The nature of Surplus Sales's businessis that customers will view items in one of Surplus Sales's warehouses, help themselves to such itemsas they may desire, and transport such items to the checkout area of the facility. Phillip was looking at mirrors that were on display. The display consisted of multiple mirrorsstacked vertically, one against the other and leaning at a slight angle against a two-by-four supportpost. Each mirror weighed thirty pounds. After he viewed the mirror in the front of the stack, hestood it upright in order to view the mirror behind it, and kept doing so as he got deeper and deeperinto the stack. As Dr. Reynolds reached for and erected another group of mirrors, the bottom ofthese mirrors slipped and crashed against the other group of mirrors Dr. Reynolds was alreadysteadying. The force of the crash caused the group of mirrors Dr. Reynolds was steadying to fallover onto Dr. Reynolds and Dillon, who was standing at Dr. Reynolds's feet. Dr. Reynolds sustainedinjuries to his back, knees and hand. Dillon, while under the mirrors, stopped breathing and lostconsciousness. Mrs. Reynolds tried to remove the stack of mirrors and was unable to. Shesummoned the owner, D.S. Jones, who along with two other men removed Dillon and Dr. Reynoldsfrom beneath the stack of mirrors.Once Dillon was pulled from beneath the mirrors, Mrs. Reynolds successfully resuscitatedhim and he was taken to the hospital where he received emergency medical attention. At one point,Dillon lost kidney function for approximately twenty-four hours, but kidney function was ultimatelyrestored. Both Dr. and Mrs. Reynolds sustained multiple lacerations as a result of the accident. You work for a personal injury law firm that received a phone call from Dr. Reynoldsdescribing the previous events. A partner in the law firm has calculated that, if liability wereimposed on any defendant, the damages assessed by the jury would be in the following amounts:Dr. Reynolds: $300,000 Mrs. Reynolds: $200,000Dillon Reynolds: $500,000Please provide an assessment of the Reynolds' prospects for a tort recovery.QUESTION 2 (70 points)On May 17, 2003, Jack Walker complained to his co-workers about abdominal and chestpains. Walker persuaded a fellow employee to take him to the emergency room of the Linden StateHospital, where he was examined by the nursing staff and by Dr. Simon Lee. At that time Lee wasa second-year medical resident specializing in internal medicine. Walker was examined and ahistory was taken. Walker's vital signs were measured; an intravenous injection was given, andblood samples, a chest x-ray and an EKG (electrocardiogram) were obtained. Walker was alsoconnected to a cardiac monitor. He was observed for several hours. Walker was then released fromthe emergency room and was then taken to his mother's house. Later that evening Walker died froma perforated ulcer and peritonitis. You work for the state attorney general, who has received a demand letter from Judith Krenz,an attorney representing Mr. Walker's estate. In her letter Krenz states that she has consulted aspecialist in internal medicine who faults the Hospital's treatment of Walker in the followingrespects: (1) negligently hemolyzing Mr. Walker's blood specimen,1 (2) recording an erroneousblood pressure of zero for Mr. Walker at the time of admission, (3) failing to take Mr. Walker'sblood pressure at the time of admission, (4) failing to obtain and test a non-hemolyzed bloodspecimen, and (5) failing to properly monitor fluid therapy administration. The letter furtheranalyzes Linden's wrongful death statute and claims that the beneficiaries of the estate would beentitled to a total of $1.2 million in damages.TORTS II, SPRING 2005, FINAL EXAM Page 3 of 14Your supervising attorney in the office is preparing a response to Krenz, and would like youranalysis of the State's exposure. Ignoring any flaws in Krenz's characterization of the wrongful deathstatute or how it would apply to this case, how would you respond to the other issues in the case?SELECTED STATUTES OF THE STATE OF LINDENLINDEN STATUTES AND CODES ANNOTATEDCIVIL PRACTICE AND REMEDIES CODETITLE 5. GOVERNMENTAL LIABILITYCHAPTER 101. TORT CLAIMSSUBCHAPTER B. TORT LIABILITY OF GOVERNMENTAL UNITS§ 101.021. Governmental LiabilityA governmental unit in the state is liable for:(1) property damage, personal injury, and death proximately caused by the wrongful actor omission or the negligence of an employee acting within his scope of employmentif:(A) the property damage, personal injury, or death arises from the operation