Exam 1

1.  Relieved that the pandemic restrictions were lifting, Annie decided to host a barbecue at her house on Labor Day (Monday).  She planned the menu, bought some decorations, and spruced up the backyard with some new plants.  She wanted to take good care of her invited guests, so she swept away some sticks from the front walkway so that no one would trip.  Knowing that people would be both inside and outside her house, she made sure the inside was clean and even put some Labor Day paper towels in the bathroom.   She spent all day Saturday and Sunday preparing food so that she could focus on her guests on Monday.  She wasn’t feeling well all weekend.  She had a bit of a sore throat and her nose was running.  By Monday morning, she felt very tired, and even had a fever of 100.  She was so excited about finally seeing her friends, and she had done so much work over the last week to prepare for the party, that she decided to push through not feeling well and host the party for her six friends.  Taylor was the first to arrive, wearing a mask.  Annie laughed and said, “We’re all friends here.  No masks today!”  Taylor had been very diligent about wearing her mask throughout the pandemic, believing that it would protect her from getting the virus, but went ahead and put her mask down and headed to the kitchen where a couple of friends were pouring drinks. Everyone had a great time, but Taylor noticed that Annie looked a little pale and asked how she was feeling.  Annie rushed away, saying that she was fine. 

By Tuesday, Annie was exhausted and feeling worse and complained to her mom, who advised her to get a COVID test.  On Wednesday, Annie learned that she had tested positive for COVID-19.  She called and told her barbecue guests about it and suggested they get tested.  Taylor tested positive and, according to the rules of her employer, had to stay home from work for two weeks.  She also had to hire a caregiver for her kids, to take care of them and drive them to school.  Taylor was furious with Annie and wanted her to pay the expenses.

Using IRAC, brief Taylor v Annie.

2.  Martin Guerrero worked at an In-N-Out restaurant in Los Angeles, California. One day while he was at work, his manager, Barry Marley, became upset when several incorrectly prepared sandwiches were returned by a customer. Marley looked at Guerrero and yelled “This is your fault” and threw a sandwich at Guerrero that hit him in the face. This happened in front of co-workers and a few customers.  Guerrero went to the restroom and washed off the crumbs and sauce, but was having trouble keeping his eye open.  He went to the urgent care and learned that he had a scratched cornea.  He was given eye drops to prevent infection and was told to stay home for a week while his eye healed. 

Using IRAC, brief Guerrero v. Marley.  (We’ll worry about In-N-Out’s potential liability later.  For now, please focus on Marley.)