Final Exam Questions

Final Exam Questions 1. Plaintiff Lone Rider sues defendant Sam Snowblind for personal injuries in an automobile/motorcycle accident. Defendant, Sam Snowblind claims that Plaintiff, Lone Rider was contributorily negligent because he was not wearing a helmet. Defendant calls Dr. Harry Hardhat, an accident reconstruction expert To testify that Lone Rider would not have suffered a head injury if he had been wearing his motorcycle helmet. Dr. Harry Hardhat has a Ph.D. in Engineering and Mathematics. Additionally, Dr. Hardhat is a faculty member at Harvard University and teaches a course entitled “Accident Reconstruction”. In order to bolster his claim that Lone Rider probably would have suffered a less serious head injury if he had his helmet on. Dr. Hardhat studied the police report of the accident, he visited the scene of the accident, and reviewed Lone Rider’s medical records. a. Does Dr. Hardhat meet the qualifications necessary to testify as an expert? Explain your answer. b. Should the Court allow Dr. Hardhat to give his opinion that Lone Rider’s head injuries were directly related to his failure to wear a helmet? Explain your answer. (More questions-Scroll down to next page) c. Suppose the Plaintiff’s attorney objected to Dr. Hardhat testifying as an expert on the basis that accident reconstruction is not an exact science. How should the court rule? What is the reason for your answer? d. Assuming the Court allows Dr. Hardhat to testify, should the Court allow the Plaintiff to call Missy Mystic, a fortune teller with over 20 years of experience in fortune-telling as an expert witness? If allowed to testify, Missy Mystic will testify that Lone Ryder did not need a helmet as he was wearing an invisible halo at the time of the accident which gave him the same protection as a regular motorcycle helmet. Would Missy Mystic qualify as an expert witness? Explain your answer. 2. Plaintiff Whiplash Willy brought a lawsuit against the defendant Careless Fred for the negligent operation of his Chevy Van which resulted in the plaintiff sustaining a neck injury. The defendant Careless Fred had liability insurance in effect at the time of the accident. a. Will the court allow the plaintiff to introduce evidence of the defendant’s insurance at the time of the accident? b. Will the court allow the plaintiff to introduce as evidence photos of the inside of Fred’s van at the time of the accident? The walls inside the van were plastered with slogans such as “Careless Fred”, “Legalize Drugs, Smack, Crack and Pop Breakfast of Champions”, and “Speed Machine”.

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