On August 6, 1998, Mr. Ruvolo purchased two chicken gordita sandwiches from Taco Bell.

4. On August 6, 1998, Mr. Ruvolo purchased two chicken gordita sandwiches from Taco Bell. While eating the second sandwich, he felt a sharp pain in his throat and dislodged a chicken bone. The bone caused a scrape in his throat, and, as a result, he was treated at an emergency room. The following day, Mr. Ruvolo was diagnosed with acute tonsillitis, pharyngitis, sinusitis, and gastritis.
Mr. Ruvulo sued Taco Bell and its food distributors, alleging that the infections were due to the chicken bone’s scratching his throat and causing an opening where germs and bacteria could enter. He further alleged that Taco Bell and its food distributors were liable because of their failure to properly inspect the chicken.
5. Nintendo’s Wii video game system features games with simulation of tennis and boxing. To play the game, the players use a motion-sensitive controller in their hand. When playing the game, some players, in making the motions necessary for the sport, have lost control of their controllers. The controllers have crashed into other objects, including television sets, and injured the players. Players who have been injured brought a class action suit against Nintendo for a defective wrist strap on the controllers, designed to keep the controllers from flying out of control. Could there be remedies for the design of the physical equipment used with computers? [Elvig v Nintendo of America, Inc., 696 F. Supp. 2d 1207 (D. Colo. 2010)]
7. Ms. Hubbs, 80, suffered from arthritis and osteoporosis. She purchased the Clapper, a device designed to turn electrical appliances on by responding to sound, namely, the clapping of hands.
Ms. Hubbs did not follow the instructions in the product to adjust its sensitivity. As a result of continual hard clapping, Ms. Hubbs broke her wrists. Ms. Hubbs also did not follow the product instructions to use (buy) a clicker available for the product if clapping is a chore. She sued the Clapper’s manufacturer for breach of the warranty of merchantability. Should she recover? [Hubbs v Joseph Enterprises, 604 N.Y.S.2d 292 (1993)]
• Answer: Chapter 14 - Case 14.1 Brief and answer questions, Questions 2, 3, 10.
Case 14.1 must be put in I.R.A.C format
Issue:
Rule:
Analysis:
Conclusion:

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