7 Miscellaneous 7 Miscellaneous

7.1 Restatements of the Law 7.1 Restatements of the Law

7.2 Highschool Travel Abroad Hypo 7.2 Highschool Travel Abroad Hypo

In the following fact pattern, did the defendant's have a duty to protect Munn?

Munn entered Hotchkiss as a fourteen-year-old freshman in the fall of 2006. Trial Tr. 988:12. During the winter of her first year, Munn learned of Hotchkiss's international programs, and, after discussion with her mother, she signed-up for Hotchkiss's summer school in Tianjin, China. Trial Tr. 912:9–18. The China program immersed students in Chinese language and culture; for one month, participants attended intensive language classes at a high school during the week and visited cultural landmarks on the weekends. Pls.' Trial Ex. 11.

During the spring semester, Jean Yu, the director of Hotchkiss's Chinese Language and Culture Program and the trip leader, and David Thompson, the director of Hotchkiss's International Programs, provided students and parents with information about the trip. In early March 2007, Yu sent an email with two attachments: a packet that outlined the trip's activities and a set of legal forms that asked participants and parents to waive legal claims against the school. Def.'s Trial Exs. 507, 616. The packet mentioned that the students would visit “Mount Pan”¹ as part of a Tianjin city tour. Def.'s Trial Ex. 506, at 2; Def.'s Trial Ex. 507, at 4. Parents were instructed to sign and return the waiver. Def.'s Trial Ex. 616, at 1. Christine Munn, Munn's mother, and Munn both signed the waiver. Pls.' Mot. in Limine, Ex. C (doc. 143).

In April 2007, Yu followed up with another email with medical advice for trip participants. Pls.' Trial Ex. 2. It included a link to a U.S. Centers for Disease Control and Prevention (“CDC”) webpage and instructed parents that the Hotchkiss infirmary could “serve as a travel clinic.” Id. But the advice was inaccurate; the web address linked to a webpage on Central America, not China, and the school infirmary was only available to administer vaccines prescribed by an outside doctor and could not give students independent advice on medical risks abroad. Trial Tr. 79:4–19, 209:14–16, 220:4–7. According to Thompson, the school expected students to know about the school clinic's limitations and to “go to a travel medicine specialist or a travel clinic at home ... when the students would have two, two and-a-half weeks [of spring break].” Trial Tr. 237:1–9.

Yu also sent recipients a complete itinerary, a packing list, and a handbook on international travel. Pls.' Trial Ex. 2. The *165 itinerary again listed “Mount Pan” as part of a city tour. Pls.' Trial Ex. 10. The packing list mentioned bug spray under the category “Miscellaneous,” just above the item “musical instrument.” Pls.' Trial Ex. 2. The travel handbook contained no warnings about insect-borne disease, though it devoted pages to other health risks, including a reminder to be wary of foreign blood banks in the event a student required surgery abroad and advice to bring American condoms to China to avoid using faulty protection and contracting a serious sexually-transmitted disease. Pls.' Trial Ex. 1.

Thus, as Munn headed to China, neither she nor her parents had notice that she would visit a non-urban, forested area that might contain ticks or other insects carrying disease. Nor had Munn or her parents received any warnings about how to prevent insect-borne disease during the trip. The first few weeks of Munn's trip proceeded without incident: she attended classes, visited sites, and made new friends. Yu testified that the students were all healthy during that time and that she only heard complaints about bug bites once, when the children visited Nanking University at dusk. Trial Tr. 569:11–570:8.

On June 23, 2007, the students left for a weekend excursion about sixty miles from Tianjin's city center. The students visited the Great Wall in the early morning, and they arrived at Mount Panshan in the late morning or very early afternoon. Trial Tr. 594:11–22. According to video and pictures admitted at trial, Mount Panshan is a forested peak that sits next to several other smaller foothills. Pls.' Trial Exs. 20, 405; Def.'s Trial Ex. 614. It is surrounded by what Americans might call an exurban landscape—a traditionally rural community with growing housing density created by commuters to the cities. Trial Tr. 512:12–18, 551:14–17.

No one had warned students that they should dress for a serious hike—all walked up the mountain in shorts and t-shirts or tank tops, and some even wore sandals instead of sneakers. Def.'s Trial Ex. 614. No one warned students to apply bug spray before they trekked up the mountain. Indeed, Yu left her bug spray on the bus. Trial Tr. 540:15–24. At the beginning of the hike, a guide led students up a paved pathway to a set of temples at the top of the mountain. Trial Tr. 592:6–10. At the top of the mountain the group split-up: Teachers, chaperones, and the majority of students rode a cable car down the mountain. Trial Tr. 519:1–522:25, 538:1–540:25. Munn and two or three other students, however, asked to walk down the mountain by themselves. Id. Yu pointed them towards the path and said she would wait for them at the bottom. Id.

According to Munn's uncontroverted testimony, the students decided to leave the paved path and venture down Mount Panshan on narrow dirt trails that connected other temples on the mountain. Trial Tr. 526:1–533:25, 1007:22–1008:15. Munn recounted that the hikers quickly became lost and ended up walking among trees and through brush before eventually finding the path and reconnecting with the others. Trial Tr. 1029:7–25. The students then visited another forested area of Mount Panshan, one reached by a dirt path. Pls.' Trial Ex. 20; Trial Tr. 1029:1–1030:25.

After the trip to Mount Panshan, Munn recalled having many insect bites and a welt on her arm. Trial Tr. 1008:14–22, 1034:17–1035:13. Other than itchy discomfort, though, she felt fine. Trial Tr. 1034:17–1035:7, 1036:8–10. Ten days later she awoke with flu-like symptoms—a headache, a fever, and wooziness. Pls.' *166 Trial Ex. 36–2; Trial Tr. 693:6–16. Munn then grew more disoriented, and Yu decided to take her to the local hospital.

7.3 The Full Torts Playlist 7.3 The Full Torts Playlist

Intro by The xx

We Didn't Start the Fire by Billy Joel

If You Leave - From "Pretty In Pink" by Orchestral Manoeuvres In The Dark

U Can't Touch This by MC Hammer

Invisible Touch by Genesis

Ramblin' Man by Allman Brothers Band

Ramble On - 1990 Remaster by Led Zeppelin

Over the Hills and Far Away - Remaster by Led Zeppelin

Wide Open Spaces by The Chicks

Go Your Own Way - 2004 Remaster by Fleetwood Mac

Don't Come Around Here No More by Tom Petty and the Heartbreakers

Get Off Of My Cloud - (Original Single Mono Version) by The Rolling Stones

Undone - The Sweater Song by Weezer

Ride The Wind by Poison

Learning To Fly by Tom Petty and the Heartbreakers

T.N.T. by AC/DC

Animal by Neon Trees

Wild Horses by The Rolling Stones

Wild Ones (feat. Sia) by Flo Rida

Reason To Be Reasonable by Peter Bjorn and John

Ordinary Human by OneRepublic

Human Nature by Michael Jackson

Human by The Human League

The Safety Dance by Men Without Hats

Youth by Glass Animals

Kids by MGMT

Forever Young by Alphaville

Young Dumb & Broke by Khalid

Dangerous Type by The Cars

Rescue Me by Fontella Bass

Wonderwall by Oasis

A Change Is Gonna Come by Sam Cooke

House Party by Sam Hunt

Love the One You're With by Crosby, Stills & Nash

Take The Money And Run by Steve Miller Band

Crowd Goes Wild by Bien

Hurt Me by Låpsley

Don't Do Me Like That by Tom Petty and the Heartbreakers

No More Mr. Nice Guy by Alice Cooper

One Headlight by The Wallflowers

Automatic by Lake Street Dive

I Fought the Law by The Clash

The Tradition by Halsey

American Pie by Don McLean

Suspicious Minds by Elvis Presley

Nobody's Fault but Mine - Remaster by Led Zeppelin

The Impression That I Get by The Mighty Mighty Bosstones

Without You (feat. Usher) by David Guetta

If There Were No You by Natural Resources

With Or Without You by U2

Love → Building on Fire - 2005 Remaster by Talking Heads

Feel So Close - Radio Edit by Calvin Harris

Closer by The Chainsmokers

Close Enough by John Mellencamp

C.R.E.A.M. (Cash Rules Everything Around Me) (feat. Method Man, Raekwon, Inspectah Deck & Buddha Monk) by Wu-Tang Clan

Moneytalks by AC/DC

Money by Pink Floyd

Danger Zone - From "Top Gun" Original Soundtrack by Kenny Loggins

If I Ain't Got You by Alicia Keys

Basket Case by Green Day

Going to California - Remaster by Led Zeppelin

Margaritaville by Jimmy Buffett

Walking On Water (feat. Totally Enormous Extinct Dinosaurs) by The Knocks

It Takes Two by Marvin Gaye

Working for the Weekend by Loverboy

Won't Get Fooled Again - Original Album Version by The Who

My Old School by Steely Dan

Old Time Rock & Roll by Bob Seger

Slide by The Goo Goo Dolls

Slip by Tate McRae

Head Over Heels by Tears For Fears

New Sensation by INXS

Going Back to Cali - 2014 Remaster by The Notorious B.I.G.

New Slang by The Shins

Don't Look Back by Boston

Wind Of Change by Scorpions

Mr. Roboto by Styx

Love Machine - Pt. 1 by The Miracles

Little Red Corvette by Prince

Things I Thought Were Mine by Alfie Templeman

Closing Time by Semisonic