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Austin is a graduate student at Coastal Carolina University who recently transferred from Virginia Tech to play linebacker for the Coastal Carolina football team. Austin
Austin is a graduate student at Coastal Carolina University who recently transferred from Virginia Tech to play linebacker for the Coastal Carolina football team. Austin has always been interested in motorcycles, and part of the reason he chose Coastal for his final year of football was so he could attend the Myrtle Beach Bike Week in October.
On the Friday evening of Bike Week, Austin and a few of his teammates head down to the beach to enjoy the Bike Week festivities at Ocean Annies Beach Bar. Late that night, a group of bikers from the Pagans Biker Gang arrive at Ocean Annies just as Austin and his friends are about to leave. Unfortunately for Austin, the leader of the Pagans, a burly man who goes by the nickname Handlebar, mistakes Austin for a rival biker gang member. That same evening, Handlebar had been leading the initiation of two new Pagans, Capone and Knuckles, and Handlebar decides to use this as an opportunity to complete their initiation.
To become a member of the Pagans, a person must demonstrate their willingness to do anything for the gang, including criminal activities when instructed by higher ups. To that end, Handlebar directs Capone and Knuckles to kidnap Austin and see how much money you can get from him, dead or alive. As Austin walks through the dark parking lot towards his Dodge Ram truck in the back, he is approached from behind by Capone and Knuckles. Without even realizing what is happening, Austin is struck over the back of the head with a whiskey bottle by Capone, causing Austin to crumble to the ground in shock and pain. Just then, Knuckles kicks Austin in the head and tells him to stay down. When Austins friends try to intervene, Knuckles points a gun at them and tells them to shove off. Not wanting any trouble, Austins friends turn and sprint away from the area in hopes of finding a police officer nearby note: they had seen an officer patrolling the area earlier that evening
As Austin stumbles to his feet, Capone points a gun in the direction of Austins head and orders him to hand over the keys to his truck. Being extremely afraid for his life, Austin complies and hands his keys to Capone. At that point, Capone orders Austin to get into the back of the truck if you ever want to see your friends again. Austin again reluctantly complies. With Knuckles driving and Capone sitting in the back of the truck with Austin, Capone orders Austin to give him all the cash he has, as well as his debit card. Thinking it would be best to cooperate, Austin opens his wallet and hands Capone his Chase Bank debit card, explaining that he does not usually carry any cash.
With Austins debit card in hand, Capone directs Knuckles to drive to the nearest Chase Bank ATM to withdraw cash from Austins account. After Austin reluctantly tells Capone his debit card pin number Capone exits the truck and withdraws $ from the driveup ATM. Just then, Austins cell phone rings loudly, startling Knuckles. Seizing the momentary distraction as an opportunity, Austin jumps out of the truck and throws his cell phone at Capone while running off into the nearby woods. As Austin darts through the trees, Capone fires one bullet at Austin but the bullet misses Austin, and he manages to get away. A few hours later, police arrest Knuckles and Capone based on Austins eyewitness descriptions of the men.
Luckily for Austin, his truck is returned to him by the police and is undamaged. Unfortunately though, the cash taken from the ATM $ is never found likely because it had been turned over to Handlebar or some other higher up
Upon arresting Knuckles, police discover Austins debit card in Knuckless back packet and return the debit card to Austin. Although Austins cell phone is found as well, it is completely crushed, apparently from being stomped on and no longer works with no hope of repair. Finally, Austin was so upset over the entire incident that he sought counseling and had to begin taking prescription drugs to ease his anxiety.
Assignment Instructions: Read the following instructions carefully:
You are the lawyer representing Austin, who has hired you to sue Knuckles and Capone for the torts they committed against him. Before you can file your lawsuit, you must first identify the various tort claims that Austin might be able to file against Knuckles and Capone.
To complete this assignment, identify eight separate tort claims that might apply to this scenario not including the sample tort of Battery provided below For each tort you identify, be sure to do the following:
a state the name of the tort;
b provide the correct definition of the tort based on class lecture and Bagley, Chapter and
c state the factual basis for that particular claim based on the events described above.
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