Author Question: Plaintiff drank a carbonated beverage manufactured by Defendant Feelgood Beverages, Inc Plaintiff ... (Read 47 times)

Starlight · **on:** Aug 3, 2018

Plaintiff drank a carbonated beverage manufactured by Defendant Feelgood Beverages, Inc Plaintiff suffered from a medical condition in which even minor doses of toxic substances caused a severe reaction to plaintiff's colon. The beverage contained a toxin that caused a severe reaction to plaintiff's colon and part of the colon had to be removed. Plaintiff sued Feelgood Beverages, Inc in negligence. Defendant manufacturer Feelgood:

a. Will likely win because the ensuing result to plaintiff was not proximately caused by Feelgood as the result was unforeseeable.
b. Will likely lose because Plaintiff is an Eggshell plaintiff..
c. Will likely win because there is no actual cause.
d. Will likely lose because of the toxic beverage rule.

Question 2

Which of the following is correct in determining that there is no proximate cause?

a. The result was unforeseeable.
b. The result was foreseeable, but it arose in an unforeseeable manner.
c. The plaintiff was not foreseeable.
d. All statements are correct.