• After reading the Case, reference your textbook to support each answer; you must include the page number from the textbook (this Module's Chapter) where you obtained your support (unless directed otherwise in the question).
• Only refer to the Case information presented and your text; nothingelse is needed; do not use outside sources.
• Number and space all questions as indicated (1, 2, 3; each case may have a different number of questions); see the example in Modules.
• Your answer must be 100 wrds per question, or more, to provide a full answer (do not repeat the question, overly long text citations, or unnecessary facts from the Case). This is a focused examination of the question, text, and Case.

In May 2009, Bryan Lyles was admitted to the LSU Health Sciences Center and

underwent an anterior corpectomy and discectomy surgery. During the procedure,

Lyles's C5 vertebrae was replaced with a Verte-Stack implant. Additionally, an Atlantis Plate was inserted to hold the Verte-Stack in place and promote its union with the C4 and C6 vertebrae. Lyles was discharged the day after the operation after having several x-ray images taken.

About a week later, Lyles returned to the hospital, complaining that the condition he had undergone the surgery for had not abated. Additional images of Lyles's spine were taken, and the doctor who conducted the surgery found slight displacement of the Atlantis Plate but no breakage. Lyles symptoms showed no improvement, and he eventually underwent another surgery.

Regardless of the surgery's results, Lyles sued MSD, the company that designed and created the Atlantis Plate, for defective design and defect claims under the assertion that the Atlantis Plate had broken. To support his claim, medical experts hired by Lyles alleged that the images taken shortly after the first surgery and after Lyles returned the first time showed that the Atlantis Plate had come apart. The surgical doctor maintained that at no time did the Atlantis Plate break.

1. What is res ipsa loquitur? What are the elements required to prove it?
2. Is this legal theory applicable in this case (no textbook reference needed)?
3. Here we are discussing one type of tort; what are the three classifications of tort?