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16) Which of the following was the result appeal in

Question : 16) Which of the following was the result appeal in : 2095788

16) Which of the following was the result on appeal in John Coomer v. Kansas City Royals Baseball Team, the case in the text in which the plaintiff sued after being hit in the eye by a hotdog thrown into the stands by a team mascot during the "Hotdog Launch," a customary activity during games?

A) The court dismissed the case on the basis that through a click agreement the plaintiff expressly agreed not to sue for any injuries when ordering the tickets through the Internet.

B) The court affirmed a jury verdict in favor of the defense on the basis that the plaintiff assumed the risk of injury by hotdog because the tossing of the hotdogs was a customary event of which the plaintiff was or should have been aware before attending the game.

C) The court found that the jury was improperly instructed on the assumption of the risk defense and that the plaintiff did not assume the risk of injury by hotdog by attending the game.

D) The court affirmed a jury verdict finding for the defense on the basis that the plaintiff did not immediately report injuries to stadium officials.

E) The court dismissed the case on the basis that injuries at baseball games are an inherent part of the sport whether by baseball or by hotdog.

17) Claudio, who has never had prior health issues, suddenly has a heart attack while driving. He runs over a student who is crossing the street, breaking her leg. Which of the following is true?

A) The student can recover only if the student can establish that the student did not have any medical insurance.

B) The student can recover upon a showing of injury. Nothing else is required.

C) The student can recover in an action for negligence only if it can be shown that Bob had insurance.

D) It is unlikely that the student can recover because the accident could not have been avoided even with reasonable care.

E) The student may recover only if the student can show that the student was in the marked crosswalk.

18) Which of the following must a plaintiff prove to win a negligence case?

A) Duty and causation only.

B) Duty, breach of duty, and causation, but not damages.

C) Duty, breach of duty, causation, and damages.

D) Breach of duty only.

E) Causation and damages.

 19) If a plaintiff cannot establish all four elements of a negligence claim, what result should the plaintiff expect?

A) The plaintiff can prevail at the discretion of the judge if the judge believes it is too difficult for the plaintiff to meet the burden of proof.

B) The plaintiff will be denied recovery only if the judge cannot subpoena the necessary witnesses to come and testify in court.

C) The plaintiff can prevail as long as the plaintiff successfully showed causation and damages, even if the plaintiff did not prove breach of duty.

D) The plaintiff will be denied recovery due to a failure to establish all four elements of a negligence case.

E) The plaintiff can prevail if the court believes the defendant should be punished for his conduct, even though a plaintiff could not establish all four elements of a negligence claim.

20) Duty in a negligence case refers to ________.

A) A failure to live up to the standard of care a reasonable person owes to others.

B) An obligation to measure compensable losses suffered by the plaintiff.

C) The standard of care a reasonable person owes to another.

D) Actual harm, or cause in fact, which resulted from a failure to live up to a standard of care.

E) Legal cause, or the extent to which the defendant is held responsible for actions that fall short of the standard of care.

 

 

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