KY Bar Torts and Negligence 3

Question 1

A pedestrian sues a driver who ran a red light in violation of a Kentucky traffic statute. The violation is best used to establish:

Accepted Answer

Negligence per se, satisfying duty and breach

Answer

Violation of a safety statute designed to protect this class of persons from this type of harm establishes negligence per se under KRS 446.070, proving duty and breach.

Question 2

A defendant negligently causes a minor fender-bender, and the plaintiff, who has an unusually fragile skull, suffers severe brain injury. The defendant is liable for:

Accepted Answer

The full extent of the injury under the eggshell plaintiff rule

Answer

Under the eggshell plaintiff rule, a tortfeasor takes the victim as found and is liable for the full extent of injuries, even if unexpectedly severe.

Question 3

A surgical sponge is left inside a patient after an operation performed while she was unconscious. Which doctrine most helps the patient prove negligence without direct evidence?

Accepted Answer

Res ipsa loquitur

Answer

Res ipsa loquitur permits an inference of negligence when the event ordinarily does not occur without negligence and the instrumentality was under the defendant's control.

Question 4

A Kentucky dog owner's dog bites a visitor. Under KRS 258.235, the owner is:

Accepted Answer

Liable for damages caused by the dog, with fault allocation possible under comparative fault

Answer

Kentucky's dog-bite statute imposes liability on owners for damage caused by their dogs, though the victim's comparative fault can reduce recovery.

Question 5

An employer is sued under respondeat superior after its delivery driver causes a crash while making a personal side trip miles off the assigned route. The employer's best argument is:

Accepted Answer

The driver was on a frolic outside the scope of employment

Answer

A substantial deviation from assigned duties for personal purposes is a frolic, taking the employee's conduct outside the scope of employment.

(KY Bar) Kentucky Bar Exam Practice Test

(KY Bar) Kentucky Bar Exam Practice Test

KY Bar Torts and Negligence 3