Law, 30.07.2021 02:10 majestyic1207
A homeowner hired a computer repair technician to fix his computer. The technician discovered that she needed a different type of memory card than she had, so she drove to the local electronics store to get what she needed. On the way back, she stopped at a liquor store to get a bottle of wine for a dinner party she was attending that night. When she was backing out of the parking lot, she negligently knocked over a pedestrian who was walking on the sidewalk adjacent to the parking lot.
In a negligence action by the pedestrian against the homeowner, is the pedestrian likely to prevail?
a. Yes, because a principal is vicariously liable for the negligence of his agent.
b. Yes, because the technician was on a detour and not a frolic.
c. No, because the technician was on a frolic and not a detour.
d. No, because the technician is an independent contractor.
Answers: 3
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John, a 34 year old father of two children, is a member of a health maintenance organization (hmo) in texas. john has made several trips to an area clinic recommended by his hmo to seek medical attention since finding blood in his bowel movements. he has been taking large amounts of aspirin for persistent headaches but did not realize that this could cause internal bleeding. john was always seen at the clinic by a physician assistant, robert m. but never by a physician. robert didn't ask john about taking any nonprescription medications. john didn't realize that he should mention his over the counter medication (aspirin) consumption. robert tells john to take an antacid preparation to control the bleeding, but does not order any tests. he tells john to return if he is not any better. two days later, john is rushed to the area emergency room with a bowel hemorrhage.1-¿what responsibility, if any, does robert have for john's emergency? 2- does the clinic have a responsibility to provide its hmo members with the services of a physician? 3- what responsibility, as a healthcare consumer, does john have for his own medical condition?
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