Part 2

When answering a question, do not restate the facts; you should only discuss the facts as needed in your analysis. The better answers will be those more fully developed. You should explain your conclusion and support your conclusions with arguments of law and fact. Be sure to explain what law you are relying upon (e.g., statute, case, constitutional provisions, UCC provision, etc.) or if you do not have a specific citation, be sure to identify the applicable legal principle. You may also cite to the textbook. If you are quoting, be sure to use quotation marks and provide a citation. If you feel that additional information is needed to answer a question, identify what that information is and how it would affect your analysis and conclusion. You should also consult the guidance in the syllabus.

1. Phillip is driving down Bard Street–a residential street with normally little traffic. The posted speed limit is 30 miles per hour. Phillip is driving 55 miles per hour. Andrew lives in an apartment on Bard Street. Andrew decides to go for a run. Andrew puts in his earbuds and starts his favorite running playlist. He cannot hear much outside noise. Andrew then steps into the street to cross to the sidewalk on the other side of Bard Street. Phillip sees Andrew and slams on his brakes, but is unable to stop in time. After Andrew has taken a few steps into the street, Phillip strikes Andrew. Fortunately, although serious, Andrew sustains non-life threatening injuries of a broken left leg and arm and serious bruising. Andrew sues Phillip, alleging negligence.  You are the judge. How would you rule in Andrew’s lawsuit against Phillip.

2. Ellen goes to see Dr. Barry Kane, a gastroenterologist, for consultation for surgery. Ellen is not seeing Dr. Kane for an examination. Rather, Ellen is there to learn about the surgery Dr. Kane has recommended. Dr. Kane comes in and speaks with Ellen for several minutes. He then moves closely to Ellen. Ellen is caught off guard, as Dr. Kane places his hands on Ellen’s throat. He begins feeling her throat and then moves his hands down to her upper chest. He then reaches around and feels her upper back. When he touches her back, Ellen becomes upset and pulls back from Dr. Kane, almost falling down. Ellen begins to move toward the door, but Dr. Kane steps between her and the door. Dr. Kane asks Ellen what is wrong. After he get no response for a few seconds, Dr. Kane tells Ellen to sit back down, as he is not going to let her leave until he completes his physical examination. Ellen stands there frozen for about 45 seconds, not sure how to exit. Dr. Kane’s nurse then opens the door. Dr. Kane moves to the side, and Ellen quickly leaves.
Dr. Kane is upset about Ellen leaving. He goes on Facebook and Twitter and locates Ellen. Dr. Kane sends threatening messages to her. Ellen does not respond. After a couple of days, Dr. Kane begins making posts to the public about Ellen. He says derogatory things about her, claiming that she is a liar, a thief, and a crook. He claims that she cannot be trusted and warns other not to do business with Ellen. Ellen feels like what Dr. Kane has done is wrong. She comes to you for legal advice. Please advise Ellen about the potential claims, if any, that she may have against Dr. Kane and your opinion on the strengths/weaknesses of any claims.

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