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The MEE questions address negligence and liability for an infection allegedly transmitted through improperly sterilized instruments or other hospital conditions, including potential contribution and damages limitation between a driver, a hospital, and joint causes. A separate MEE question evaluates priority and enforceability of security interests covering “all personal property,” the effect of possession and filing, and the competing claims of a bank and a judgment creditor after a commercially reasonable sale of collateral.",{"@graph":69,"@context":123},[70,84,106],{"@type":71,"itemListElement":72},"BreadcrumbList",[73,77,79,82],{"item":74,"name":75,"@type":76,"position":8},"https://docshare.wps.com","Home","ListItem",{"item":78,"name":9,"@type":76,"position":14},"https://docshare.wps.com/document/",{"item":80,"name":20,"@type":76,"position":81},"https://docshare.wps.com/document/exam/",3,{"item":83,"name":65,"@type":76,"position":19},"https://docshare.wps.com/document/mee-mpt-questions-february-2019-new-york-state-bar-examination/320526/",{"url":83,"name":65,"@type":85,"image":86,"author":91,"headline":65,"publisher":94,"fileFormat":97,"inLanguage":63,"description":67,"dateModified":98,"datePublished":99,"encodingFormat":97,"isAccessibleForFree":100,"interactionStatistic":101},"DigitalDocument",{"url":87,"@type":88,"width":89,"height":90},"https://docshare.wps.com/thumbnails/mee-mpt-questions-february-2019-new-york-state-bar-examination/320526.png","ImageObject",300,407,{"name":92,"@type":93},"Aran","Person",{"url":74,"name":95,"@type":96},"DocShare","Organization","application/pdf","2026-11-08","2026-09-21",true,{"@type":102,"interactionType":103,"userInteractionCount":105},"InteractionCounter",{"@type":104},"ViewAction",12,{"@type":107,"mainEntity":108},"FAQPage",[109,115,119],{"name":110,"@type":111,"acceptedAnswer":112},"Why could a court find the woman negligent even though she was driving below the posted speed limit?","Question",{"text":113,"@type":114},"The question asks whether the woman met the applicable standard of care given the icy highway and winter storm conditions. Driving below the posted limit does not automatically eliminate negligence if reasonable care required a lower speed or different precautions.","Answer",{"name":116,"@type":111,"acceptedAnswer":117},"On what basis could the hospital be liable for the man’s infection-related damages?",{"text":118,"@type":114},"The scenario emphasizes the transmission of infection through contaminated blood products or improperly sterilized instruments, plus alternative hospital environment failures such as improper handwashing or failure to discard certain instruments. The court is asked to assess whether the hospital’s negligence likely caused the infection despite uncertainties about the specific sterilization procedure used.",{"name":120,"@type":111,"acceptedAnswer":121},"Between the bank and the judgment creditor, who has the superior claim to the gramophone after the bank sold it?",{"text":122,"@type":114},"The question focuses on the bank’s filed financing statement and possession of specific collateral, the scope of the security interest in “all personal property,” and the effect of the judgment creditor’s later judicial lien. It asks which interest has priority under the governing secured transactions rules when the bank sells collateral without additional notice.","https://schema.org",{"og:url":83,"og:type":125,"og:title":65,"og:site_name":95,"og:description":67},"article",{"robots":127,"canonical":83},"index,follow",{"doc_id":129,"site_id":62},320526,1790200366,{"code":4,"msg":5,"data":132},{"doc_id":129,"user_id":133,"nickname":92,"user_avatar":134,"doc_module":4,"category_id":19,"category_name":20,"doc_title":65,"doc_description":67,"doc_content":135,"file_id":136,"file_url":137,"file_type":138,"file_size":139,"view_count":105,"is_deleted":4,"is_public":8,"is_downloadable":8,"audit_status":8,"page_count":140,"language":141,"language_code":63,"site_id":62,"html_lang":63,"table_of_contents":142,"faqs":143,"seo_title":144,"seo_description":67,"update_tm":145,"read_time":146,"preview_page_count":4},137455076865,"https://ap-avatar.wpscdn.com/davatar_29158cc5080c5b710cf443261637dec0","| February 2019\u003Cbr>New York State\u003Cbr>Bar Examination\u003Cbr>MEE & MPT Questions\u003Cbr>© 2019\u003Cbr>National Conference of Bar Examiners |  |\n| --- | --- |\n|  |  |\n\nMEE QUESTION 1  \nOne year ago, a man was injured when the car in which he and a woman were traveling slid off an icy highway during a winter storm and overturned. At the time of the accident, the woman was driving the car. The man was sitting in the front passenger seat, wearing his seat belt. The woman was driving 40 mph at the time of the accident, although the posted speed limit was 50 mph.  \nThe man and the woman were rushed to a local hospital in its ambulance. There, hospital surgeons performed emergency surgery on the man. The man remained in the hospital for 10 days following his admission. Numerous medical instruments were used during his surgery and subsequent hospitalization, including needles, clamps, and surgical tools. However, he did not receive a blood transfusion or any blood products.  \nThree days after the man was released from the hospital, he developed a fever and visited his personal physician, who is not affiliated with the hospital. The physician ordered routine blood tests. The tests revealed that the man had a serious infection that is transmitted in nearly all cases through exposure to either contaminated blood products or improperly sterilized medical instruments (needles, clamps, surgical tools, etc.) that come into contact with a patient’s blood. There are, however, other possible sources of the infection in a hospital environment, such as a failure of staff to follow proper handwashing techniques to avoid transmitting infection from one patient to another and staff failure to properly identify and discard certain used medical instruments that cannot safely be sterilized.  \nInfections occurring in individuals who have not received a blood product and have not been hospitalized during the period of likely exposure are possible but rare. The physician told theman that he “must have contracted this infection at the hospital” because the period between infection and symptom development is 10 to 13 days and the man was a patient at the hospital during the entire relevant period. The physician also stated that “at hospitals that have adopted medical-instrument sterilization procedures recommended by experts, cases of this infection have been almost completely eliminated.” The man has no history of intravenous drug use, and he did not receive any medical treatment for several months before his hospital stay. All sterilization procedures at the hospital are performed by hospital employees. However, the particular sterilization procedure used while the man was hospitalized cannot be determined because, while the hospital now uses the sterilization procedure recommended by experts, thereis no record of when it started using that procedure.  \nThe man has sued the woman and the hospital, alleging negligence. Neither defendant is judgment-proof, and this jurisdiction has no automobile-guest statute. The parties have  \nstipulated that the man’s damages for the injuries he suffered in the accident are $100,000 and his damages from the infection he contracted are $250,000 .  \n1. Could a court properly find that the woman was negligent even though she was driving below the posted speed limit? Explain.  \n2. Could a court properly find that the woman is liable for the man’s damages resulting from the infection? Explain.  \n3. Could a court properly find that the hospital is liable for the man’s damages resulting from the infection? Explain.  \n4. If a court found that both the woman’s negligence and the hospital’s negligence caused the man’s infection, could the woman’s liability be limited to $100,000 for injuries theman suffered in the accident? Explain.  \n-----  \nMEE QUESTION 2  \nA company is in the business of manufacturing and selling stereo equipment. Several months ago, the company borrowed money from a bank, to be repaid by the company in monthly installments","cbCaimnNmqsmuKwO","https://ap.wps.com/l/cbCaimnNmqsmuKwO","pdf",207456,56,"English","# MEE Question 1\n## Hospital infection and negligence\n## Driver negligence and damages limitation\n# MEE Question 2\n## Security interest in “all personal property”\n## Priority between bank and judgment creditor\n## Sale of collateral and enforceability","[{\"question\":\"Why could a court find the woman negligent even though she was driving below the posted speed limit?\",\"answer\":\"The question asks whether the woman met the applicable standard of care given the icy highway and winter storm conditions. Driving below the posted limit does not automatically eliminate negligence if reasonable care required a lower speed or different precautions.\"},{\"question\":\"On what basis could the hospital be liable for the man’s infection-related damages?\",\"answer\":\"The scenario emphasizes the transmission of infection through contaminated blood products or improperly sterilized instruments, plus alternative hospital environment failures such as improper handwashing or failure to discard certain instruments. The court is asked to assess whether the hospital’s negligence likely caused the infection despite uncertainties about the specific sterilization procedure used.\"},{\"question\":\"Between the bank and the judgment creditor, who has the superior claim to the gramophone after the bank sold it?\",\"answer\":\"The question focuses on the bank’s filed financing statement and possession of specific collateral, the scope of the security interest in “all personal property,” and the effect of the judgment creditor’s later judicial lien. It asks which interest has priority under the governing secured transactions rules when the bank sells collateral without additional notice.\"}]","MEE & MPT Questions - February 2019 New York State Bar Examination | PDF",1789950094,141]