Background

When investigating a torts case in a law office, it is essential from the first interaction with the client to be confident that a remedy is available. Usually, a payment of money to compensate the injured person for their medical bills, lost wages, and any pain and suffering is issued. As this course has demonstrated, however, there are times when additional damages can be awarded, namely punitive damages, and other instances where even a person injured by the defendant is not entitled to recover.

Directions

Please review the following scenarios where a client has contacted the office that employs you. Prepare a report that addresses the following prompts for each scenario:

• Identify the nature of the tort as negligent, intentional, products liability, strict liability, or another type of tort;
• List the elements of the tort for each case and explain what the plaintiff would have to prove to be successful;
• Summarize the type of damages the plaintiff could request from the court, including any punitive damages, explaining why they are or are not available
• Discuss affirmative or other defenses that the defendant would be likely to raise.

The complete assignment should be at least seven hundred and fifty words. Your response to each of the scenarios, should be at least 250 words. The report should include citations of the law that should be obtained using Lexis Advanced and cited according to the Blue Book.

1. Lillian Minor, age 11, was visiting her friend's house, where they played in the backyard.The friend's mother, Angela Blasts, works as an explosives technician for the railroad company. After finishing a job, she was brought home four sticks of dynamite and blasting caps. She stored them in her yard shed, planning to return them to work the following day. While playing, Lillian and her friend found the dynamite and lit a fuse, causing an explosion that resulted in Lillian losing her right hand and suffering permanent partial deafness in her right ear. Lillian's family would like to sue Angela Blasts.

1. Randy Rocks purchased tickets to see his favorite band perform a concert at a new concert venue in town, City Music Hall. No paper ticket was provided, but a QR code was emailed to Randy with instructions to show the ticket at the door using a smartphone. At the venue, Randy attempted to show his ticket. However, the QR code did not register correctly, and the doorman, Robert Bounce, roughly pulled Randy from the line and called him a thief and a sneak in front of dozens of other patrons, including some of Randy's friends and co-workers. Bounce then roughly shoved Randy out the door, where Randy fell, breaking his wrist, ruining his clothes, and further humiliating him. Robert Bounce had previously been arrested and convicted three times for assaulting and battering people when he worked as a doorman at prior venues, and City Music Hall knew this when they hired him. Randy would like to sue Robert Bounce, City Music Hall, or both.

1. Emily Scares argued with her friend Jamilla Banner at a local bar about who was the better driver. After several drinks for each of them, Jamilla insulted Emily, saying she could not drive through the Sahara Desert without running into a street sign. Enraged by the insult, Emily entered her vehicle and waited for Jamilla to walk outside. Jamilla exited the establishment and began walking down the sidewalk to catch an Uber. Watching from the parking lot, Emily had intended to quickly drive right up to her, slam on the brakes and frighten her, showing off her driving skills. As Emily sped toward Jamilla in her car at high speed, Jamilla jumped from the sidewalk to avoid being struck and landed in the road. Here, she was struck by a law-abiding driver who could not avoid her. Jamilla suffered severe injuries as a result. Though it was expected that she could recover from all her injuries, the treatment required extensive time spent in the hospital and painful procedures that she had to endure.Jamilla would like to sue Emily for her injuries.