TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Sunday, April 13, 2008

Of Mice and Men, Er, Of Hamsters and Torts

In a torts exam come to life, a woman is suing PetSmart after her husband received a liver from a woman who had been infected by a hamster adopted from PetSmart.

Whew.  Let's just follow the lines:

Hamster gets lymphocytic choriomeningitis.  Sad for hamster.  I suppose.  Maybe it's just a carrier; I admit to ignorance about lymphocytic choriomeningitis.

Hamster sold by PetSmart to an unnamed woman.  That woman dies of an unrelated stroke.  Sad for woman.  Her organs are donated.

Thomas Magee receives liver of unnamed woman.  Good for Thomas!

Or not.  Sad for Thomas: Thomas gets lymphocytic choriomeningitis and dies.  Two other people who received organs from the unnamed woman have allegedly also been infected.

Lawsuit alleging PetSmart was negligent in, I assume, failing to test for lymphocytic choriomeningitis.


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