Bar Exam (US) Torts: Late one evening, Rudy Rum entered Pete’s Pub, a bar owned by Pete Brandywi...

Question

Late one evening, Rudy Rum entered Pete's Pub, a bar owned by Pete Brandywine. Even though Rudy was already visibly intoxicated, Bob the bartender, served him five bourbons. Bob's actions were contrary to Pete's explicit directions to his bartenders, as well as in violation of a state statute making it a Class B misdemeanor to serve alcoholic beverages to any person who is visibly intoxicated. When Rudy left the Pub, he staggered to his auto, barely sober enough to get into the car and started driving home.

Rudy had driven only three blocks from the bar, weaving back and forth across the highway, when he collided with another car driven by Butch. As a result of the accident, Rudy suffered a broken nose and Butch received severe facial lacerations and bruises. Seeing the men lying on the edge of the highway bleeding profusely, a bystander summoned an ambulance that rushed Rudy and Butch to Holmdale Hospital.

After Rudy's nose was reset, he was transferred to a room in the west wing of the hospital. In extreme pain, Rudy asked Nurse Nancy for a pain killer. Without seeking the doctor's approval, Nancy administered an injection of morphine, which she should have known to be an excessive dosage. Rudy died an hour after the injection; the cause of Rudy's death was morphine poisoning.

After Butch was treated for his facial wounds, an examination indicated that he was suffering from a hernia. Taking advantage of his hospitalization, Butch decided to undergo a hernia operation. As a result of a surgical error, Steve, the surgeon, performed the routine hernia operation unsuccessfully. Thus, following the surgery, Butch suffered an aggravation of the hernia condition.

Bob the bartender's act of serving Rudy would most likely be viewed as the

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

  1. A
    Correct Answer
    proximate cause of Butch's facial injuries
  2. B
    Correct Answer
    superseding cause of Butch's facial injuries
  3. C
    Correct Answer
    direct cause of Butch's facial injuries
  4. D
    Correct Answer
    intervening cause of Butch's facial injuries
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