Bar Exam (US) Torts: Otis Elevator Company installed an elevator in Duncan’s apartment building....

Question

Otis Elevator Company installed an elevator in Duncan's apartment building. The apartment building, which was thirty stories high, was located in Quincy, a suburb of Boston. Under the terms of its contract with Duncan, Otis agreed to carry out regular monthly inspections of the elevator and to make all necessary repairs. The elevator was installed in the apartment complex in January. For the next ten months, Otis made regular inspections. However, in November Otis began to have some difficulties with its employees and failed to send inspectors out for three successive months.

On February 20, Doris, a friend of Rebecca, who was a tenant on the twentieth floor, entered the elevator on a planned social visit to Rebecca's apartment. A number of persons entered with her, including Grubby, a dubious-looking man who seemed out of place. By the twelfth floor, only four persons were left , including Doris and Grubby. At that floor the other two people left , leaving Doris and Grubby alone on the elevator. Apprehensive at finding herself alone with such an unkempt stranger, Doris pressed the thirteenth floor button, intending to step out and hoping to find other persons on that floor.

Unfortunately, the elevator stalled, and came to a stop between the twelfth and thirteenth floors. Doris' fears were justified as Grubby suddenly grabbed at her purse. When Doris resisted, Grubby struck her and she fell unconscious. When Doris recovered consciousness, she found herself in a hospital with a concussion and multiple contusions on her body. She later learned that the elevator had remained stalled for fifty minutes. Thereafter, it moved to the twentieth floor where she was found by her friend Rebecca who took her to the hospital. Two weeks later, the police arrested Grubby and found Doris' purse in his possession. The elevator's stalling was caused by a defective cable that a routine inspection would have discovered. Prior to the stalling, Otis had last inspected the elevator November 20.

If Doris brings suit against Duncan for negligence, she will most likely

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

  1. A
    Correct Answer
    recover, because she was an invitee of a tenant in the building
  2. B
    Correct Answer
    recover, because Duncan would be vicariously liable for Otis' failure to inspect the elevator
  3. C
    Correct Answer
    recover, only if Duncan actually knew that the elevator had been malfunctioning
  4. D
    Correct Answer
    not recover, if Duncan was unaware of any previous assaults in the apartment building
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