Question
After listening to Dave's standup comedy routine for several years, Abe just could not listen to any more of Dave's jokes directed at Abe's favorite
After listening to Dave's standup comedy routine for several years, Abe just could not listen to any more of Dave's jokes directed at Abe's favorite sports team. When Abe heard that Dave was coming to town to perform at the local amphitheater which is run by a company called The Amphitheater, Abe knew that he could not pass on the opportunity to silence Dave once and for all.
A security company called The Security Company was recently awarded the contract for providing security at the amphitheater where Dave was scheduled to perform. In the days leading up to Dave's performance, The Security Company made the cost cutting decision to reduce the number of security guards assigned to protect the stage. The security guards assigned to protect the stage are the last line of defense preventing attackers from reaching performers. At the time the decision was made to reduce staffing, no one had ever tried to climb on stage to attack a performer.
On the night of Dave's performance, Abe settled into his seat at the end of the third row and looked for the best place to gain access to the stage. Abe immediately noticed that only three security guards were assigned to protect the stage: one in the middle, one on the far right, and one on the far left. As Dave's performance came to a close and everyone rose to their feet to applaud, Abe made a dash for the stage in between the security guard assigned to the middle and far right of the stage.
Easily getting past both security guards, Abe made it onto the stage and took several swings with his fist just missing Dave's face before connecting with his third swing. Stunned, Dave retreated to the back of the stage and Abe followed him. Once in the back, Dave hid in a closet as Abe beat on the door. Eventually, guards for The Security Company were able to detain Abe and hand him over to the police.
1. Is Dave likely to prevail on any intentional tort claim(s) against Abe? Discuss.
2. Is The Amphitheater likely to prevail on any intentional tort claim(s) against Abe? Discuss.
3. Is Dave likely to prevail on a negligence claim against The Security Company? Discuss.
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