Luke Skywalker returned to Dagobah to continue Jedi training under the tutelage of Master Yoda. Under the direction of his master, Luke proceeded to stand on his head and lift some large rocks into the air using the Force. Before completing the exercise, with the rocks still floating mid-air, Luke's hand that had prior to that time been severed in an unrelated intrafamily lightsaber duel, which was extended with a cybernetic hand, began to sink into the swamp mud. The hand went down into a hole at least 10 inches or 12 inches, filled with soft mud and water, and Luke's limb became securely fastened therein, and he was unable by his own efforts to extricate his said hand from said hole. As he was sinking, Luke, a young Padawan, not yet fully trained in the Jedi ways, became distressed and lost concentration, at which point the rocks he had been levitating began to fall toward him. In order to avoid the danger of being hit with large rocks, which danger was then imminent and certain, if he was unable to extricate his limb from said hole and said danger would have caused to him death or serious bodily injury, and, prompted thereby, he used the force to lift himself up into the branches of a Gnarltree located nearby and out of the path of the falling rocks. Thereby his hand and arm were pulled from the hole and in doing so a coil in a hanging vine that was dangling between him and the tree caught Luke's other arm. As Luke was flew through the air, the vine tightened around his arm and so mangled and lacerated the same that it became necessary to amputate his only non-cybernetic hand.
Luke sued Yoda for his injuries resulting from Yoda's negligent maintenance of the area used for training, specifically failure to repair the many slimy mudholes. (Yoda's response: "Mudhole?! Slimy?! My home this is!")
Yoda's defense relied on the assertion that the accident was too freakish to be foreseen, even by Yoda's power of Force vision.
The court found for Luke because the injuries were a result of Yoda's negligence, and the exact consequences of negligence do not have to be foreseen.
Contributed by Andrew Greenberg
Showing posts with label Cybernetic Prosthetics. Show all posts
Showing posts with label Cybernetic Prosthetics. Show all posts
Wednesday, December 30, 2009
Thursday, October 22, 2009
Hawkins v. McGee- (New Hampshire Supreme Court, 1929)
While coming in for several routine tune ups for his cybernetic prosthetic, Medical Droids 2-1B and FX-7 attempted to persuade Luke Skywalker that they could repair his hand and make it "as good as new", further promising him "one hundred percent good hand".
Despite their poor grammar, after several visits the Droids were successful and Luke agreed to undergo their procedure. The droids used an experimental form of "skin grafting" and removed skin from Luke's chest to use as the "new" tissue for the hand. Unfortunately, the tissue used for the graft continued to grow chest hair, and Luke's hand became increasingly hairy, leading to his need to wear a black glove over the hand at almost all times (see, Return of the Jedi).
Luke sued the droids for breach of contract, as well as pain and suffering. The court dismissed the claim for pain and suffering stating that these effects were inherently a part of the procedure that Luke agreed to; however, the court did hold that the Droids were liable to Luke for breach of contract, and that the damages the Droids owed to Luke should be equal to the difference to the hand he received (one that was disgusting and hairy) and the one he was promised (one that was "one hundred percent good hand"). This was based on the reasoning of "expectation interest" which aims to place Luke in the position he would have been, had the Droids not breached the contract.
Despite their poor grammar, after several visits the Droids were successful and Luke agreed to undergo their procedure. The droids used an experimental form of "skin grafting" and removed skin from Luke's chest to use as the "new" tissue for the hand. Unfortunately, the tissue used for the graft continued to grow chest hair, and Luke's hand became increasingly hairy, leading to his need to wear a black glove over the hand at almost all times (see, Return of the Jedi).
Luke sued the droids for breach of contract, as well as pain and suffering. The court dismissed the claim for pain and suffering stating that these effects were inherently a part of the procedure that Luke agreed to; however, the court did hold that the Droids were liable to Luke for breach of contract, and that the damages the Droids owed to Luke should be equal to the difference to the hand he received (one that was disgusting and hairy) and the one he was promised (one that was "one hundred percent good hand"). This was based on the reasoning of "expectation interest" which aims to place Luke in the position he would have been, had the Droids not breached the contract.
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