ANONYMOUS NUMBER________________

SOUTHWESTERN LAW SCHOOL

FINAL EXAMINATION PART II
ESSAY
COURSE:

TORTS

EXAM DATE: WEDNESDAY, MAY 5, 2010

PROFESSOR: STIER
EXAM TIME: 9:00 A.M. 12:00 P.M.

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Essay Question
A volcano generally thought dormant erupted for the first time in 100 years, sending
volcanic material high into the atmosphere, around a Unitas Airlines flight. Within a few
minutes, the planes jet engines became clogged with volcanic material, and began to fail and
catch fire.
Looking at the dark midnight ocean below, Pilot Jane thought her three-person crew,
plane, and cargo would surely be destroyed, until she saw the long deck of the huge cruise ship,
Titanica. Pilot Jane decided to try landing there and steered the plane in its quick descent toward
the Titanica. Passenger Roy was asleep on a deckchair on the Titanica, although a sign
prohibited guests from sleeping on the ships deck at night, citing a statute. When the Unitas
plane landed, Roy started to wake up, but was quickly hit and killed by the Unitas Airlines plane.
The Unitas Airlines plane then rolled into the Titanicas engine room, where it created an
explosion that injured many people.
A few minutes prior to the crash, Passenger Tim had been lifting a heavy chair in his
room, and begun to suffer a heart attack. When Tim arrived at the Titanicas medical care room,
Dr. Bob was busy treating burn victims from the Unitas explosion; Dr. Bob was the sole doctor
hired by the ship, even though most ships that size had three doctors. By the time Dr. Bob saw
Tim, Tim had lapsed into unconsciousness and was likely to die. Dr. Bob immediately ordered
some medications for Tim, even though most doctors would have undertaken surgery for a
patient in Tims condition. Nurse Betty misread Dr. Bobs prescription, and injected Tim with
twice the prescribed medication. After getting the medication, Tim awakened briefly, but he was
yelling and delirious, and his arms lashed out, nearly hitting his wife, Laura, who was next to the
bed. As Laura watched, Tim died, and Laura became greatly upset.
Analyze plausible tort claims that might be brought on behalf of the following:
(1)

Roy against Pilot Jane and Unitas Airlines;

(2)

Tim against Dr. Bob, Pilot Jane, and Unitas Airlines; and

(3)

Laura against Nurse Betty.

Assume the jurisdiction follows pure comparative fault, and has joint and several
liability. Disregard any issues of whether admiralty law would apply, and instead use the
tort principles discussed in our class. In addition, disregard any claims for loss of
consortium.

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