Instructions

Use the simulated, hypothetical situation to answer the five $(5)$ questions related to this block.

BLOCK A: Foundations of Business Law Principles

Phyllis Wellmaker is a chiropractor living and working in Bibb County, Georgia. Dr$.$ Wellmaker has an office near the campus of Mercer University. A number of her patients are students or employees of Mercer University. Dr$.$ Wellmaker has legal problems stemming from injuries sustained by a patient in her practice.

Dr$.$ Wellmaker uses a standard adjusting table known as a "drop table" manufactured by Pivotal Health Solutions $($PHS$).$ PHS is headquartered in Peabody, Massachusetts. Dr$.$ Wellmaker also has a contract with a PHS subsidiary, Pivotal Equipment Service $($PES$)$ for regular maintenance of the drop table. The contract requires PES to perform inspections every $30$ days, and to certify the table's "viability and readiness" after each inspection. PES is also headquartered in Peabody, but it maintains offices in Atlanta, Columbus, Macon, and Savannah. Typically, PES has inspectors only perform inspections in or near their local offices.

The drop table was inspected by a Macon PES employee on April $15,$ May $15,$ and June $15.$ There was no July inspection until a Columbus$-$based PEG inspector performed an inspection July $25$th$.$ Dr$.$ Wellmaker provided a chiropractic adjustment to Eric Polk, a Mercer University Law professor, on July $20$th$.$ During the treatment, the "drop table" dropped all the way to the floor causing severe injuries to Professor Polk's spine, which required an operation. Professor Polk is suing Dr$.$ Wellmaker, PHS$,$ and PES for his injuries. Dr$.$ Wellmaker believes that PHS and PES are liable for Professor Polk's injuries.

$15$ points

Which of the following is not an accurate statement of the parties' respective position?

Pivotal Equipment Service $($PES$)$ is subject to the personal jurisdiction of the Superior Court of Bibb County, Georgia

Dr$.$ Wellmaker could file a cross claim against Pivotal Health Solutions $($PHS$)$ and Pivotal Equipment Service $($PES$)$ if Professor Polk names each as defendants in his lawsuit against Dr$.$ Wellmaker.

Dr$.$ Wellmaker could file a counter claim against Pivotal Health Solutions $($PHS$)$ and Pivotal Equipment Service $($PES$)$ if Professor Polk names each as defendants in his lawsuit against Dr$.$ Wellmaker.

The State$-$wide business court does not have jurisdiction over a lawsuit filed by Professor Polk.

$2$

$5$ points

Once the lawsuit is filed by Professor Polk, what is the first step Dr$.$ Wellmaker would take to explain to the court her belief that she is not liable for his injuries?

Dr$.$ Wellmaker would ignore the lawsuit, and the court would then know that she is not liable.

Dr$.$ Wellmaker would have no means to inform the court of her belief, and would have to wait for the court to set a trial date.

Dr$.$ Wellmaker would file a motion to dismiss the lawsuit for its failure to state a claim for which relief can be granted.

Dr$.$ Wellmaker would file an answer denying liability for the specific claims made by Professor Polk.