Author Question: Subagents work for the agent and owe duties to: a. only the agent b. only the principal c. both ... (Read 166 times)

urbanoutfitters · **on:** Jun 24, 2018

Subagents work for the agent and owe duties to:
a. only the agent
b. only the principal
c. both the agent and the principal d. no one
e. none of the other choices are correct

Question 2

Emotional Distress. Lofton Johnson, a police officer employed by the West Virginia University Security Police, was called to the emergency room of the university's hospital to help subdue an unruly patient. Prior to Johnson's arrival, the patient had informed the doctors and nurses in the emergency room that he was infected with acquired immune deficiency syndrome (AIDS). While Johnson assisted medical personnel in restraining the patient, the patient bit Johnson on the forearm. The patient had previously bitten himself, and his blood was in and around his mouth when he bit Johnson. On previous occasions, the officer had assisted in restraining AIDS patients, but it was always the hospital's procedure to inform him that these patients were infected with AIDS so that proper precautions could be taken. Although Johnson tested negative for AIDS on several subsequent occasions, he claimed that he suffered severe emotional distress as a result of the AIDS exposurehe was shunned by his family and co-workers and generally felt like a social outcast with an uncertain future. In his suit against the hospital to recover for emotional distress, what will the court decide? Explain.

Sweetkitty24130 · **Reply #1 on:** Jun 24, 2018

Answer to Question 1

c

Answer to Question 2

Emotional distress
The court held that the officer could recover damages for emotional distress. The court pointed out that it had recognized the traditional principle that there can be no recovery in tort for an emotional and mental trouble alone without ascertainable physical injuries arising therefrom, through the simple negligence of the defendant. In this case, there was evidence of physical injury. In addition to the wounds inflicted by the bite, the appellee's physical injuries include sleeplessness, loss of appetite, and other physical manifestations accompanying the emotional distress suffered by the appellee. Emphasizing that the officer had been exposed to AIDS, the court concluded that his fear of contracting the disease was reasonable. Moreover, the failure of the hospital to follow its own rules and regulations by posting a warning that the patient possessed an infectious disease is a critical factor in this case. Such regulations clearly impose a duty upon the appellant in this case to warn those similarly situated with the appellee. The court also noted as a factor in its decision that the officer was not an employee of the hospital but had a duty to assist hospital personnel in dealing with patients infected with AIDS.