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MMLU / A complaint filed on behalf of a woman against a nursing home and an ambulance…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

A complaint filed on behalf of a woman against a nursing home and an ambulance service included the following allegations: The woman, who was 86 years old and unable to speak after suffering a stroke, was picked up from her daughter's house by the ambulance service and taken to the nursing home to stay while her daughter was out of town. When the woman's daughter returned a few days later, the ambulance service picked up the woman from the nursing home and returned her to the daughter's house. The daughter was shocked to discover that the woman had shocked to discover that the woman had a broken leg; her leg had been uninjured when she left for the nursing home. A physician's report attached to the complaint stated that the woman's leg injury would not have occurred in the absence of negligence. The complaint further alleged that the woman was under the control, successively, of the ambulance service and the nursing home during the time when she must have sustained the injury, and that either the ambulance service or the nursing home must have negligently moved or handled the woman, causing the injury to her leg. Both defendants have argued that the allegations in the complaint are inadequate to support a negligence claim. What is the best response to the defendants' argument?

choices

  1. Both defendants owed a duty to the woman.
  2. One of the two defendants probably caused the injury, and the circumstances of the injury are primarily within the knowledge and control of the defendants rather than the woman or her representative.
  3. The defendants are concurrent tortfeasors, so each is vicariously liable for any tortious act committed by the other.
  4. There are grounds for the fact-finder to infer that both defendants were negligent.

subject

professional_law

Discussion

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Source and history

task_id
3ea7009d-e088-5537-8be1-85d3d430c227
task_key
all--test--3ea7009d-e088-5537-8be1-85d3d430c227
task_revision_id
1
config / split
all / test

Official source

initial import