Torts
Spring 2002
Golden Gate University, School of Law
Michele Anglade
Exam Instructions
1. This is a closed book exam.
2. There are TWO parts to this exam; Part I consists of multiple choice questions; Part 11 is one essay
question.
3. Total time is 2%2 hours. Suggested time: I hour for Part I (multiple choice); please be sure to allow some
time to think about, organize and to outline your essay response before you begin writing.
4. Use scantron provided for part I (multiple choice).
S. Use blue books provided for part II (essay).
6. Part I is worth 40 percent of the total exam score; Part B is worth 60 percent o f the total exam score.
7. Be sure to write your exam number on the exam, on your scantron, and on your bluebooks. Do not write
your name anywhere on the examination.
8. Turn in all questions, scratch paper, your completed scantron, and your bluebooks at the conclusion of
the exam.
9. Relax. Have confidence in your abilities; and, good luck!
Enjoy your summer.
Exam
ESSAY QUESTION
Beatrice Pharmaceuticals, Inc. is conducting research to determine ways of curing the ills which result from a
new form of virus known as the anthrola virus. Anthrola is a rare, but highly contagious virus; it can be
transmitted through casual contact (for example, a cough, sneeze, kiss, or even a handshake). Initially, the
illness resulting from the anthrola virus seems like the flu, however, if untreated the anthrola virus can result
in organ damage, or even death.
Dr. Anita Elders, is a researcher employed by Beatrice Pharmaceuticals, Inc. One day, while conducting her
research, a test tube containing a small sample of the virus broke. Dr. Elders was working alone at the time.
She was wearing a mask, gown, and protective gloves, as required for all researchers working with the
anthrola virus. Dr. Elders quickly cleaned up the spill and the broken glass. Beatrice Pharmaceuticals requires
its employees to promptly report any irregularities that occur during research, including any and all instances
of breakage. Dr. Elders did not report the incident. Beatrice Pharmaceuticals' policies also require a blood test
whenever there has been any unusual exposure to the anthrola virus; because Dr. Elder's did not report the:
incident, a blood test was not administered.
During the days which followed the incident, Dr. Elders felt fine and continued her normal activities, including
having several working lunches with Prof Vingh, a biology professor at a nearby university with whom Dr.
Elders consulted regarding her research.
Then, after about two weeks, Dr. Elders developed a high fever and flu-like symptoms. She contacted her
doctor and, after discussing her symptoms and work, Dr. Elders was given a blood test that indicated that she
had contracted the anthrola virus. At about tile same time, Prof Vingh also became ill, with the same
symptoms that Dr. Elders had reported. It was determined that Prof. Vingh had also contracted the anthrola
virus. Both Elders and Vingh
were
ere hospitalized, and both eventually died from illness caused by tile
anthrola virus.
Vingh's widow has brought a wrongful death suit against Beatrice Pharmaceuticals. The suit claims that
Beatrice Pharmaceuticals was negligent in failing to properly monitor the anthrola-related research, and in
failing to require regular blood testing of employees who worked with the anthrola virus. The complaint also
claims that the company should be held liable for Dr. Vingh's death under a theory of strict liability. In
response, Beatrice Pharmaceuticals' stated that testing, as suggested by the plaintiff, would be very
expensive, and that the company's current practice of administering blood tests after any unusual exposure to
the virus is reasonable. Beatrice Pharmaceuticals' response also stated that the company's reporting and
monitoring procedures relating to anthrola research are safe and reasonable.
Assess the claims raised by Vingh's widow's complaint.
Iblts Final Exam
Spnng2002
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