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Edited on Fri Sep-17-04 01:43 PM by meegbear
Smith's Place was a small hotel which had a bar by the same name located adjacent to the lobby area. One Tuesday, Ross a regular customer of Smith's Place, brought his pistol into Smith's Place, and Smith and Ross went into the basement of the bar, which contained a firing range. Smith fired the pistol two or three times, loading the gun one shell at a time. After finishing the "test shooting" of the pistol, Smith checked it to make certain it was unloaded and handed it back to Ross in an unloaded condition. They both then went back upstairs. Ross then asked the bartender on duty to put the gun behind the bar for him until he returned for it later, which the bartender did. Smith saw Ross give the gun to the bartender. Ross remained in the bar a short time and then left.
Ross returned later Tuesday evening at around 9:00 p.m. and asked the bartender Ted for his gun. Before returning the pistol to Ross, Ted checked it to determine whether it was loaded and found that it was not. He then gave the gun to Ross, who left the premises taking the gun with him. Ross returned to the tavern approximately 45 minutes later, and in the meantime had reloaded the pistol with 4 shells. He was carrying the gun under his coat, and it was not visible. There was no conversation about the gun between Ted and Ross upon Ross' return, nor did Ross show the gun to Ted.
A short time after returning to Smith's Place, Ross became outraged when he thought he heard something derogatory being said about his wife. He took the gun from his belt and pointed it in the air. At the same time another patron in the bar, Matson, grabbed him from behind. In the struggle that followed Ross and the gun fell to the floor and the gun discharged. The plaintiff Tammy Lee, who was a guest in the hotel and was having a drink in the bar, was struck in the left thigh by the bullet. Ross had consumed a number of glasses of beer during the evening, but was at no time intoxicated. He had never in the past been a troublesome or violent patron of Smith's Place, but on the contrary had been a quiet and retiring individual.
Ted immediately called for an ambulance. In the meantime he thought it was best to get Tammy outside so the ambulance crew could save time by not having to come in and find her. He placed her in the driveway and went in to check on the delay in the ambulance's arrival. Barb, the ambulance driver attempting to make haste, turned the ambulance into the driveway while still traveling at a fairly high rate of speed and ran over Tammy's right foot. Tammy was placed into the ambulance and it sped off.
One block from the hospital, the ambulance was involved in a collision with Yolanda, who was driving her older sister Dana's car. Dana knew Yolanda was a terrible driver and had lost her license due to several traffic violations, but never the less allowed Yolanda to use the car for quick trips to the store. Yolanda, in a rush to return the car to Dana, merely paused at the stop sign and continued through the intersection without ever coming to a complete stop. She never saw the ambulance. Tammy was thrown around the inside of the ambulance due to the collision and suffered serious back and neck injuries.
Finally, Tammy arrived at the hospital where she was whisked into surgery. Unfortunately for Tammy, the physician who performed the surgery, Mike Lux, was incompetent and merely aggravated her injuries. As a result Tammy has no feeling in her right foot and has permanent pain in her back and neck.
Tammy Lee wishes to bring an action to recover damages for her injuries. What are all of Tammy's possible claims and what defenses will likely be raised?
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