Bar Exam (US) Torts: Gloria, a New York City resident, commuted to work each day by subway. Afte...

Question

Gloria, a New York City resident, commuted to work each day by subway. After purchasing her token, Gloria entered the subway at the Grand Central Station for her ride downtown to Wall Street where she was employed. Looking for a seat, Gloria was walking toward the rear of the subway when it came to an abrupt halt. As a result of the sudden stop, Gloria fell into Arthur, an elderly gentleman, injuring him.

If Arthur asserts a claim against the subway company to recover for his personal injuries, Arthur will probably

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    prevail, because a special duty of care was owed him
  2. B
    Correct Answer
    prevail, because the sudden stop caused Gloria to fall into him
  3. C
    Correct Answer
    not prevail, if the operator of the subway was not negligent in making the stop
  4. D
    Correct Answer
    not prevail, if Gloria was negligent in not holding onto the hand rail
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