Part of this hypothetical is taken from an exam given at Georgia State University (but it has been heavily modified to include my fear of spiders!). Read the fact pattern below and then discuss the answers to the questions.
Joanna works full-time for Whole Dollar Foods as a stock person. Part of her duties include unloading produce from delivery trucks as they arrive. Berry’s Delivery (“Berry’s”) is a local distributor of bananas.
One day, Berry’s brings a load of bananas to the store. Joanna immediately comes out of the store and begins to unload the stock. When she picks up the third of five crates, however, five very large and fuzzy spiders emerged from the box and bite Joanna repeatedly on her bare hands. Joanna has an extreme allergic reaction to the bites and ends up hospitalized for two days with breathing problems. Joanna now also suffers from frequent “spider nightmares” and has panic attacks when she sees bananas. Approximately six months later, doctors have to amputate Joanna’s leg because of a severe blood infection; the doctors believe this infection was likely the result of the delay in treating the bites (her boss told Joanna to “give it an hour or so” before she went to the emergency room to see if the pain would stop). She has had to quit working at Whole Dollar Foods and now has a much lower-paying job as a part-time receptionist.
Joanna has consulted the attorney you work for about the possibility of bringing a suit for negligence against Berry’s and/or Whole Dollar Foods. You have been asked to briefly evaluate Joanna’s claims to help your attorney decide whether he wants to take Joanna’s case. Does Joanna have any type of negligence claim(s) against either Whole Dollar Foods or Berry’s Delivery? Are there any other types of claims that Joanna might have against Berry’s Delivery or Whole Dollar Foods? (Be sure your discussion includes an analysis of which injuries you believe are compensable under a negligence analysis or other type of suit.) Also list any additional information you might need to make your determination. A bonus point if you include references to NM law.