After being closed for the last several months due to Covid-19 restrictions, the Blue Diner recently re-opened for limited out-door seating service with appropriate social distancing and conveniently located hand sanitizer stations.

While closed the Diner laid off all of its employees, including the kitchen and wait staff. Since re-opening, it has been difficult to attract the employees back as most are reluctant to return due to health concerns or have moved on to other opportunities. Thus, the Diner has been forced to hire people whom the Diner would otherwise not hire in order to re-open the Diner.

One such hire is James. A background check revealed that James had been arrested, convicted and served prison sentences for a number of crimes over the years, including burglary, assault and battery, car hijacking and selling illegal drugs. James is hired by the Diner as a waiter.

For the first two weeks of his employment, James performed his waiter duties without incident. Then one evening, James was involved in an altercation with a Customer over the size of the tip that the Customer was going to leave. James felt that the tip was too small considering the fact that the Customer required a great deal of attention when being served.

The altercation became heated and involved pushing and shoving. During the course of the altercation, the Customer alleges that the James spit on him.

The customer now wishes to file a lawsuit.

Please focus your answers on Fundamentals of Business Law Today of Chapter 4 Torts and Chapter 21 Agency.

1. Assume that you represent the Customer. The Customer comes to you for legal advice as to whether the suit should be filed (1) only against James; (2) only against the Diner; or (3) against James and the Diner. What advice would you give to the customer and explain the reasons for your advice.
2. Assume that you represent the Customer: What legal claims would you advise the Customer to make and explain why.
3. Assume that you represent the Diner: What defenses would you raise on behalf of the Diner if the Diner is sued by the Customer and explain why.
4. Assume that you represent James: What defenses would you raise on behalf of James if James is sued by the Customer and explain why.