law case problem

6–8. Negligence. DSC Industrial Supply and Road Rider

Supply are located in North Kitsap Business Park in Seattle,

Washington. Both rms are owned by Paul and Suzanne

Marshall. e Marshalls had outstanding commercial loans

from Frontier Bank. e bank dispatched one of its employees,

Suzette Gould, to North Kitsap to “spread Christmas

cheer” to the Marshalls as an expression of appreciation for

their business. Approaching the entry to Road Rider, Gould

tripped over a concrete “wheel stop” and fell, suering a broken

arm and a dislocated elbow. e stop was not clearly visible,

it had not been painted a contrasting color, and it was

not marked with a sign. Gould had not been aware of the stop

before she tripped over it. Is North Kitsap liable to Gould

for negligence? Explain. [Gould v. North Kitsap Business Park

Management, LLC, 2016 WL 236455 (2016)] (See Unintentional

Torts—Negligence.)

7–7. Strict Product Liability. Medicis Pharmaceutical

Corp. makes Solodyn, a prescription oral antibiotic. Medicis

warns physicians that “autoimmune syndromes, including

drug-induced lupus-like syndrome,” may be associated

with use of the drug. Amanda Watts had chronic acne. Her

physician prescribed Solodyn. Information included with the

drug did not mention the risk of autoimmune disorders, and

Watts was not otherwise advised of it. She was prescribed the

drug twice, each time for twenty weeks. Later, she experienced

debilitating joint pain and, after being hospitalized, was diagnosed

with lupus. On what basis could Watts recover from

Medicis in an action grounded in product liability? Explain.

[Watts v. Medicis Pharmaceutical Corp., 236 Ariz. 511, 342

P.3d 847 (2015)] (See Strict Product Liability.)

break down each case properly