Case: Tort Law Bobby and Rachel were playing basketball on the school playground with a brand new backboard and rim built and installed by ACE Sports. When Bobby, with a boost from Rachel, tried to slam dunk the ball, he injured his wrists cutting them on the rim which had small pieces of metal sticking out from it. There were no teachers or supervisors on school grounds at the time and the cuts were so severe that Rachel could not wait to call for help and was forced to take Bobby to the hospital on her bike. When they arrived at City General hospital, Bobby was immediately seen by a nurse who wrapped two large towels onto Bobby's wrists. Nurse Williams told Bobby to put pressure on the cuts while she tried to get a hold of his parents. Bobby was then directed to wait in the waiting room while his mother was contacted for insurance information for payment and consent. Bobby's mother was reached 75 minutes later. Because of lack of insurance Bobby was transferred to a local county facility for treatment. Once seen by the county emergency room physician, Bobby was referred to Dr. Andrews for immediate surgery. Dr. Andrews determined that due to delays and extent of injuries Bobby's right hand/wrist would need to be amputated. The surgeon made all arrangements and the surgery was completed 3 hours later. When Bobby awoke with mother at his side, he was told that the left wrist was amputated in error and that he would require additional surgery to amputate the right wrist. As a result of the circumstances in the hospital Bobby was left with both hands/wrists amputated. Using the background materials as a foundation, research other sources and prepare your response to the following questions: Evaluate and discuss the potential liability (negligence or other torts) of the various parties in the scenario involving but not limited to Bobby, ACE Sports, the nurse, the surgeon and City General. ( Avoid simply restating the facts/scenario. Incorporate them into your discussion. ) Be sure to discuss the elements of negligence as they apply to each party separately , and also discuss the application of EMTALA. Define comparative negligence and discuss its application to the analysis of liability. Discuss joint and several liability. Assignment Expectations Be sure to apply critical thinking skills from your analysis of the current literature on the above topics; Limit your paper to 3 pages (double-spaced, 10-12 point font), not including title page and list of references; Please use at least 3-5 scholarly sources. Please be sure to properly cite all references both within the text (at the end of paraphrased paragraphs) and at the end of your paper. I will grade your paper on your ability to address the assignment criteria listed above with depth and breadth of discussion. I will also critique your writing format (i.e. proper reference citations, spacing, etc.). .

1. Case: Tort Law
Bobby and Rachel were playing basketball on the school
playground with a brand new backboard and rim built and
installed by ACE Sports. When Bobby, with a boost from
Rachel, tried to slam dunk the ball, he injured his wrists cutting
them on the rim which had small pieces of metal sticking out
from it.
There were no teachers or supervisors on school grounds at the
time and the cuts were so severe that Rachel could not wait to
call for help and was forced to take Bobby to the hospital on her
bike. When they arrived at City General hospital, Bobby was
immediately seen by a nurse who wrapped two large towels onto
Bobby's wrists. Nurse Williams told Bobby to put pressure on
the cuts while she tried to get a hold of his parents. Bobby was
then directed to wait in the waiting room while his mother was
contacted for insurance information for payment and consent.
Bobby's mother was reached 75 minutes later. Because of lack
of insurance Bobby was transferred to a local county facility for
treatment.
Once seen by the county emergency room physician, Bobby was
referred to Dr. Andrews for immediate surgery. Dr. Andrews
determined that due to delays and extent of injuries Bobby's
right hand/wrist would need to be amputated. The surgeon made
all arrangements and the surgery was completed 3 hours later.
When Bobby awoke with mother at his side, he was told that the
left wrist was amputated in error and that he would require
additional surgery to amputate the right wrist.
As a result of the circumstances in the hospital Bobby was left
with both hands/wrists amputated.
Using the background materials
as a foundation,
research other sources and prepare your response to the
following questions:
Evaluate and discuss the potential liability (negligence or other
torts) of the various parties in the scenario involving but not

2. limited to Bobby, ACE Sports, the nurse, the surgeon and City
General. (
Avoid simply restating the facts/scenario. Incorporate them into
your discussion.
)
Be sure to discuss the elements of negligence as they apply to
each party separately
, and also discuss the application of EMTALA.
Define comparative negligence and discuss its application to the
analysis of liability.
Discuss joint and several liability.
Assignment Expectations
Be sure to apply critical thinking skills from your analysis of
the current literature on the above topics;
Limit your paper to 3 pages (double-spaced, 10-12 point font),
not including title page and list of references;
Please use at least 3-5 scholarly sources.
Please be sure to properly cite all references both within the
text (at the end of paraphrased paragraphs) and at the end of
your paper. I will grade your paper on your ability to address
the assignment criteria listed above with depth and breadth of
discussion. I will also critique your writing format (i.e. proper
reference citations, spacing, etc.).