Mary was visiting her young son, Tom, in the hospital. She noticed a bottle of pills on
Question:
Mary was visiting her young son, Tom, in the hospital. She noticed a bottle of pills on Tom's over-bed table. She intended to ask the nurse about the pills but forgot. Mary received a call from work on her cell phone and had to leave. She told Tom she would be right back as she rushed out the door. Tom finds the pills and swallows them, making him seriously ill. Is the nurse responsible for Tom's injuries?
First, assume you are the Plaintiff's attorney (representing Mary). How would you go about arguing the case? Use the legal doctrines (think about negligence and foreseeability). Use at least 300 words to answer the question.
Next, assume you are the Defendant's attorney (representing nurse). How would you defend your client? Go through the negligence defenses and explain which one(s) you would use and why. Use at least 300 words to answer the question.
Legal Research Analysis and Writing
ISBN: 978-1305948372
4th edition
Authors: William H. Putman, Jennifer Albright