Smith and Roberson’s Business Law
Smith and Roberson’s Business Law
17th Edition
ISBN: 9781337094757
Author: Richard A. Mann, Barry S. Roberts
Publisher: Cengage Learning
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Chapter 9, Problem 13CP
Summary Introduction

To discuss: Whether the UCC apply to this transaction.

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Ms. Gadner was driving her car on the highway when another car driven by Mr. Sneed passed her, sideswiped her, ran her off the road, and drove off. She caught up with Mr. Sneed and forced him to stop. She got out of the car and started to walk to his car when he drove away. When she was walking back to her car, Mr. Otis struck her with his vehicle. Gadner was transported to Bay Hospital, a small rural hospital, where Dr. Dick, a second year pediatric resident, was the attending emergency room physician. Upon arriving at Bay, Gadner's skin was cool and clammy and her blood pressure was 95/55, indicative of shock. Gadner received 200 ml’s per hour of fluid and was x-rayed. She actively requested a transfer because of vaginal bleeding. Nurse Gilbert voiced her own concerns about the need for a transfer to the other nurses in the emergency room, but not to Dr. Dick. Dr. Dick did not order a transfer. Bay is a rural hospital and is not equipped to handle trauma patients with multiple…
John Torniero was employed by Micheals Jewelers, Inc. (Micheals).  During the course of his employment, Torniero stole pieces of jewelry, including several diamond rings, a sapphire ring, a gold pendant, and several loose diamonds.  Over a period of several months, Torniero sold individual pieces of the stolen jewelry to G&W Watch and Jewelry Corporation (G&W).  G&W had no knowledge of how Torniero obtained the jewels.  Torniero was arrested when Micheals discovered the thefts.  After Torniero admitted that he had sold the stolen jewelry to G&W, Micheals attempted to recover it from G&W.  G&W claimed title to the jewelry as a good faith purchaser for value. Micheals challenged G&W’s claim to title in court.  Who wins?  Explain your reasoning.
Joseph M. Billy was an employee of the USM Corporation (USM), a publicly held corporation. Billy was at work when a 4,600-pound ram from a vertical boring mill broke loose and crushed him to death. Billy’s widow sued, alleging that the accident was caused by certain defects in the manufacture and design of the vertical boring mill and the two moving parts directly involved in the accident, a metal lifting arm and the 4,600-pound ram. If Mrs. Billy’s suit is successful, can the shareholders of USM be held personally liable for any judgment against USM? Explain your answer.
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