1. Ms. Diggs was stricken with severe chest pains and she was taken to the emergency room. After doing tests, the doctor thought she was suffering from pericarditis, not a myocardial infarction, but he was untrained in reading echocardiograms so he asked the opinion of a cardiologist who was visiting another patient. He agreed with the diagnosis that Diggs should be treated for pericarditis and released. Diggs died three hours later after release due to a severe myocardial infraction. Her estate sued the cardiologist among other defendants. He argued that he owed no duty to Diggs because she was not his patient and had no contractual relationship. Is he correct? Why? Argue for the cardiologist. (200 words)
2. Model Answers - Torts Homework
In each of the following situations, discuss whether or not a tort has been committed, including in your answer an explanation, if appropriate, of the specific tort that occurred. 5 Points each
a. Rhonda Doldrum pointed an unloaded gun at Tom and said, "I'm going to blow you away." Rhonda knew the gun was unloaded but Tom did not.
b. Dan's Demolition demolishes old buildings in urban renewal areas by using plastic explosives. One day a passing pedestrian is injured as a result of an explosion.
c. Nancy was driving her automobile lawfully and safely down the street when she suffered a heart attack that caused her to lose control of her car. The car struck two pedestrians in a crosswalk, killing one and seriously injuring the other. Nancy has no prior history of heart trouble.
d. Bonnie invites a number of co-workers and friends over to her home for dinner. One of the guests becomes quite obnoxious as the evening progresses, and Bonnie is no longer comfortable with him in her home. She asks him repeatedly to leave, but he will not.
e. Fireworks experts conducted a fireworks display from a boat on Lake Michigan for Chicago's 4th of July celebration. All of the safety precautions with regard to setting off fireworks were followed. However, there were other boats on the lake that evening, and some of them were damaged by falling debris from the fireworks.
3. Crookham and Vessels (C & V) was the general contractor on a project to build an extension of a railroad for the Little Rock Port Authority. Larry Moyer Trucking (LMT) was subcontracted for $230,000 to do the excavation and dirt work for the project. LMT dug several ditches as part of its work, but they kept collapsing due to drainage problems. After redigging the ditches several times, LMT refused to continue work unless he received $60,000 extra pay for redigging the ditches again. C & V agreed to the request of the extra $60,000 as requested by LMT but later refused to pay. LMT goes to court for the extra payment of $60,000. Who wins and why? (200 words)