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Synopsis of Tort Cases Paper

Essay by   •  October 3, 2011  •  Case Study  •  2,543 Words (11 Pages)  •  1,091 Views

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Synopsis of Tort Cases Paper

From the scenario, there are several situations in which someone could file a lawsuit. Some may not be proved in court.

Scenario 1

Intentional torts are when a defendant intentionally does harm or injury to a plaintiff. Intentional tort includes assault and battery. An intentional tort of emotional distress is the intentional conduct or recklessness causes emotional distress to another. The person causing harm is liable for that distress. Unintentional tort, negligence, is a foreseeable consequence because actions brought harm to someone, and that person is liable (Cheeseman, 2010).

Tort actions

Malik spills beer on Ruben (unintentional) who is Daniel's son while attending a football game, resulting in Daniel shoving Malik (intentional). Malik fell on the railing, and his face hits the steps in the aisle. His two front teeth were knocked out. The usher takes him to the first aid station.

Daniel and his son leave the game and on the way stops at a concession stand to purchase two sodas. A lady at the concession stand smells beer on Daniel's son and accuses him of giving beer to a minor (slander). His boss was also at the concession stand and fired him because of the accusation made by the lady. The concession stand worker gave Daniel two regular sodas instead of the two diet sodas he requested because he was distracted (negligence).

Daniel and Ruben are in the parking lot. Malik and his wife approaches Daniel. Malik points a gun at Daniel (intentional tort). Daniel pulls out a gun because he is in fear of his and his son's life and shoots Malik. His wife calls the police and an ambulance. While waiting for them, Daniel goes into a diabetic coma.

Plaintiffs

The plaintiffs are Malik because Daniel pushed him at the game. Daniel was falsely accused of giving beer to a child by a lady at the concession stand. It resulted in him losing his job. Daniel feared for him and his son's life when Malik pulled a gun on him. Daniel can also bring a lawsuit against the concession worker for giving him a regular soda instead of diet that resulted in him going into a diabetic coma.

Malik can file a lawsuit against Daniel for shooting him and from falling over the rail and breaking two of his teeth. The quarterback received a broken arm from an opposing team player. A fan was injured from a ball that was thrown in the stands by the quarterback. Malik's wife saw her husband shot.

Defendant

The quarterback is the defendant because he caused injury to the fan. Defendant number two is the opposing team player who hit the quarterback and broke his arm. Daniel pushed and shot Malik. The lady at the concession area who falsely accused Daniel and Daniel's boss are defendants. The owner of the stadium is the other defendant for the faulty railing.

Elements of the tort claim

There was an intentional tort of battery because Daniel shoved Malik and also shot him. The player from the other team intentionally hit the quarterback injuring him. A defamation of character could be filed by Daniel in regard to the lady at the concession stand who accused him of giving beer to his son. Daniel could also file a breach of contract on his employer. Malik's wife could file for emotional distress from witnessing her husband shot. Malik could file for negligence (duty of care) against the stadium because of the faulty railing that caused him to fall and knock out his two teeth. Daniel could file negligence for the concession stand worker who served him a regular soda instead of a diet soda that caused him to go into a diabetic coma.

Defenses defendants may assert

The quarterback could ascertain that had he not been hit, the ball would not have gone into the stands and injured a fan. The opposing player could defend himself by stating he was just playing the game and his intentions were not to harm the quarterback. Daniel could say he was in fear of his and his son's life when Malik pulled a gun on him. The concession stand worker could day he was distracted by the commotion going on.

Resolution of claim

The quarterback and the other team's player could reach a settlement. A settlement could come from the insurance company of the stadium for Daniel not receiving a diet soda and going into a diabetic coma and the fan who received an injury at the game. It would be considered a breach of duty.

Scenario 2

Tort actions

Tort damages, tort of infliction of emotional distress, professional malpractice

Potential plaintiffs

Anna and patrons

Potential defendants and why he or she is a defendant

Italian restaurant, waiters, cooks, surgeon, and the hospital

Anna has a huge lawsuit because she had multiple injuries starting with the incident that happened in the Italian restaurant. She orders a meal and after she bit down into the food her mouth started to bleed. Unfortunately, there was glass in the food she started to cry for help. Another waiter bumped into her waiter while pouring wine in the glass, which cause the apron to catch on fire. Everything after that started to spin out of control. The waiter ripped off his apron and tossed it to the side, which ignites a table cloth. People started to panic and trampled an old lady by running her over, which she was seriously injured. Some customers were suffered smoke inhalation and burns but made it out of the restaurant.

Anna was rushed to the hospital, her mouth was still bleeding uncontrollably she was losing consciousness. The doctor determined she needed to have surgery to stop the bleeding and save her tooth. The doctor mistaken Anna for another patient in accidently amputated her right leg. Anna can sue for professional malpractice because of the amputation of her right leg. Anna should consider using the tort damages because it issues monetary damages, which can acquire the defendant to pay for the injuries that she has suffered. The restaurant is liable for her injuries because she received injuries inside the establishment. The employees who work for the Italian restaurant was very careless in preparing the food and the waiters were not focused. The restaurant is facing a great deal of lawsuits because there were multiple people who got injured in the pandemonium. Everyone should be compensated

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