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MMLU / A motorist was traveling at 5 miles per hour when she became distracted, and…

Problem

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question

A motorist was traveling at 5 miles per hour when she became distracted, and negligently tapped the rear of another vehicle. A passenger in the struck vehicle had a rare medical condition that made her highly vulnerable to any slight physical impact or intrusion. The minimal impact caused the passenger to lightly bump her shoulder against the door, which triggered her rare immunosuppressant disease to surface. The passenger became permanently incapacitated from the impact. She sued the negligent motorist for all of her injuries. A physician submitted a report stating that the collision was a substantial factor in causing the disability. Has the plaintiff stated a claim for relief under prevailing legal principles?

choices

  1. Yes, because in the law of negligence the defendant takes the plaintiff "as he finds her."
  2. No, because the motorist is only liable for foreseeable injuries that are not of psychological origin.
  3. No, because the victim's psychosomatic reaction is usually held to be malingering under the law.
  4. Yes, because the victim in this case is called a "predictably unpredictable plaintiff."

subject

professional_law

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