chapter 6 :

3.) Violence at Rikers Island, a New York City prison on an island in the East River, has risen to epidemic proportions over the past five years. During the first four months in 2014 alone, a dozen prisoners suffered injuries that resulted from stab wounds and cuts, while prisoners and guards underwent treatment for broken bones, concussions, and punctured eardrums among many other similar injuries. Reports indicate that, while the population of the prison has fallen by 15 percent since 2004, the use of force by guards has risen 240 percent over that same period. Two prisoners, one who sustained extensive injuries to his neck and back and another who has back problems and a broken nose, have filed separate lawsuits naming the City of New York as defendant. Both inmates allege that their injuries resulted from beatings conducted by corrections officers at Rikers. Using your knowledge of tort law, list and explain those torts that might form the basis of these lawsuits. [See: Michael Schwirtz, “Mental Illness and Violence Rise at Vast Jail,” The New York Times, March 19, 2014, pp. A1, A18.]

chapter 15

1.) Paul and Cynthia Vance invited Carl and Jeanne Leichtamer to go for a ride in the Vances’ four-wheel-drive Jeep at an “off the road” recreation facility called the Hall of Fame Four-Wheel Club. The club had been organized by a Jeep dealer who showed films to club members of Jeeps traveling in hilly country. This activity was coupled with a national advertising program of American Motor Sales Corporation encouraging people to buy Jeeps that could drive up and down steep hills. As the Jeep went up a 33-degree sloped, double-terraced hill, it pitched over from front to back and landed upside-down. The Vances were killed, and the Leichtamers were severely injured. The Jeep was equipped with a factory-installed roll bar attached to the sheet metal that housed the rear wheels. When the vehicle landed upside down, the flat sheet metal gave way, causing the roll bar to move forward and downward 14 inches. The Leichtamers argued that the weakness of the sheet metal housing upon which the roll bar had been attached was the cause of their injuries. The manufacturer claimed that the roll bar was provided solely for side-roll protection, not pitch over, as occurred in this case. Did the Leichtamers recover against the manufacturer on a theory of strict liability? Why or why not? [See: Leichtamer v. American Motors Corp., 424 N.E.2d 568 (OH).]

chapter 22

5.) Food Caterers, Inc., had a franchise agreement with Chicken Delight, Inc. Carfiro was employed by Food Caterers to deliver hot chicken bearing the trademark “Chicken Delight.” While making a delivery, Carfiro was involved in an accident that killed McLaughlin. In a suit naming Chicken Delight, the franchiser, as defendant, the McLaughlin estate argued that Carfiro was an agent of Chicken Delight, because Carfiro was acting for the benefit of the company. There was no evidence, however, that Carfiro was hired, paid, instructed by, or even known by Chicken Delight. The decision was for whom, and why? [See: Estate of McLaughlin v. Chicken Delight, Inc., 321 A.2d 456 (CT).]

chapter 23

8.) The Spelling Entertainment Group hired actress Hunter Tylo to appear in the television show Melrose Place. Her role was to involve the seduction of another character's husband. When Tylo became pregnant, she dutifully reported her condition to Spelling. The entertainment company then discharged her, arguing that non-pregnancy was a bona fide occupational qualification (BFOQ) for the role designed for Tylo. Tylo challenged the contention that her condition disqualified her from performing her job. Can non-pregnancy be a BFOQ? Explain. [See: Tylo v. Superior Court, 55 Cal. App. 4th 1379 (CA).]

chapter 6 : 3.) Violence at Rikers Island, a New York City priso...