At the Small Town Fair’s Annual Blueberry Pie Eating Contest…
At the Small Town Fair’s Annual Blueberry Pie Eating Contest, local baker – Dan – was responsible for baking, storing, and delivering all 50 blueberry pies to be vigorously devoured as part of the festivities. The contest took place in the Small Town basketball gymnasium, which was always tightly packed with Small Town’s residents. Unfortunately, the pies were all bad. Once the contest began, the contestants (with hands tied behind them) dug face-first into the blue mush. Within minutes, the contestants were projectile vomiting over their table and onto the basketball court floor. The audience, thoroughly disgusted, began to leave. Val and her 7 year-old daughter, Pammy, were two of the spectators. As Val hastily pushed her way through the crowd in order that her and Pammy could quickly exit the building, Val slipped on the fresh blue vomit puddled on the slippery surface of the basketball court floor. She cracked open her head and fell unconscious in full sight of Pammy, who screamed. Pammy now has trouble sleeping and eating due to recurrent mental images of her mother lying helplessly in a pool of blood and blue vomit. Val was transported to Small Town Hospital where the staff accidently overdosed her on pain medication, causing her weeks of confinement to her hospital bed, a giant hospital bill, as well as months of missed work. Small Town is a Pure Comparative Fault jurisdiction. Is Dan liable to Val for Negligence? Discuss. Is Dan liable to Pammy for Negligent Infliction of Emotional Distress? Discuss. [DO NOT DISCUSS INDEMNITY OR CONTRIBUTION]
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