Tom, Bill, and Harry, all UGF basketball players were riding in Toms convertible bound for a UGF

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Question:

Tom, Bill, and Harry, all UGF basketball players were riding in Tom’s convertible bound for a UGF soccer game. Tom was driving, Bill agreed to pay for the gasoline, and Harry purchased all three tickets as his contribution to the excursion. Tom heard his cell phone beep while driving and took it out to read and answer an email message from his mother who called every day to check in on him and to make sure he was not getting into any trouble.

Mr. Smith who was driving a sedan drifted over into the incoming lane while listening to Barry Mani low music. Because Tom was answering his email he did not see the sedan and a collision took place. Both cars were damaged and both Bill and Harry were injured.

After the accident, Tom and Mr. Smith became engaged in a heated argument as to who was responsible for the collision. Finally, Mr. Smith, a 67 year old fellow, challenged Tom to a fight. Tom accepted the challenge and both men removed their coats and proceeded to fight. They stopped only after Smith had knocked out two of Tom’s front teeth. At that point a reporter for the Great Falls Tribune arrived at the scene and snapped a picture showing Tom bleeding at the mouth and holding a tooth in his hand. Realizing he had been photographed in this embarrassing position and was going to get into big time trouble with his coach not to mention his mother, Tom turned to the reporter and said, “I don’t want you to publish that picture.” Nonetheless, the picture was published in the Great Falls Tribune along with an appropriate news article questioning the UGF the state of the UGF Athletic Program.

In due course, Tom had Dr. Todd, a reputable dentist, performs the necessary dental work and sent the dentist’s bill to Mr. Smith, demanding payment. Smith replied by letter saying, “I won’t pay this bill, and besides I’m surprised that you would go to such a quack dentist as Dr. Todd.” Smith when writing Tom, had in good faith confused Dr. Todd with Dr. Dott, the latter being a truly disreputable dentist.

What are the rights and liabilities of the various parties? Discuss each possible tort fully as well as any defenses.