Question
A student is walking to George Brown College along Adelaide Street just past Jarvis. He/she was on his/her way to his/her Business Law class. He/she
A student is walking to George Brown College along Adelaide Street just past Jarvis. He/she
was on his/her way to his/her Business Law class. He/she eventually entered the George Brown
campus. It was about 11:30 am. As he/she passed down Adelaide Street, two people flew out of
the Campus Pub and were fighting. One of the people was a Bouncer, named Wade Garrett. He
was trying to jab a piece of glass into the face of some drunken person, who was fighting back.
While all of this was going on, Wade's brother Wayne was working at the nearby Produce Stand
watching - and said "ain't no reason to get excited", took a shot of Vegas Water and then
jumped in to help out Wade. As Wade took a thrust at the drunken person, his arm accidently hit
Wayne's arm and the glass slipped out of his hand and struck the student passing by, right in the
abdomen region. The student, who clearly was not a "Hero", seeing the blood and the large piece
of glass, immediately went into cardiac arrest. Wayne, seeing what happened went into shock
and began yelling that "it was the drunk's fault", "the drunk is an alien", "the drunk is the Coach
from the German national soccer team and scratches and picks" and finally "the drunk is the
biggest critter ever" - posting all of it online publicly on Instagram, Vine, Twitter, and Snapchat.
As the student went into cardiac arrest, Dr. Nick Riviera, who was ironically in one of the
cooking classes as well, ran out with a Ginsu knife and opened the glass wound up more in an
attempt to free up the heart and prevent the cardiac arrest. He (Dr. Nick) tried to palpate the heart
but nothing was happening. Dr. Nick, was not a heart specialist or general surgeon, but a medical
intern. The student caught HIV infection from Dr. Nick's knife; however, although he/she didn't
have access to the meds Magic Johnson is on, he/she ended up dying of cardiac arrest. What was
not discussed, was that the student at one time spent a night with Derek Jeter - who has been
confirmed to have HIV. This was not only confirmed by a medical test and paperwork, but also a
gift basket from Mr. Jeter that the student recently had put on eBay a while ago.
Discuss all the tort liabilities at play here.
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