Case #5: DEFENDANT - ERICA

Katie (plaintiff), a high school senior and the star forward on her school's basketball team, is driving for a basket early in the state championship game, when Erica (defendant) flagrantly fouls her, causing her to hit the ground so hard that she badly dislocates her shoulder. Katie is unable to continue playing in the game, which her team loses. Katie also loses her scholarship to Stanford and ends up not being able to attend college.

Read the facts of your case and figure out what tort might be available as a basis for a lawsuit and how to represent your client bestyou should figure out what you can sue the other party for, and what damages you want to ask for. Start your post with the title "Plaintiff's Arguments."Be sure to address the facts of your case and the elements of the applicable tort. You can find the elements (or requirements) for each tort listed below in the textbook.

Torts

There are five possible torts that are available to you for the purposes of this discussion:

1. Assault -an assault happens when a person threatens to cause bodily injury to another person, by force. An assault causes a well-founded fear of imminent peril because there is an apparent present ability to carry out the threatened act. Even if there is no contact between people, there can still be an assault if one person gets a good (and reasonable) scare.
2. Battery -A battery is the willful or intentional touching of a person against that person's will. It can be touching by another person, or by an object put into motion by another person. It can be just offensive touchingdoes not have to cause injury.
3. False imprisonment -when a person intentionally confines another person, either physically or just by overcoming their will, to a definable area from which there are no apparent means of escape, it's an intentional tort.
4. Intentional infliction of emotional distress (IEED)-when a person acts intentionally or recklessly, and the person's conduct is extreme or outrageous, and it causes another person severe emotional distress, it can be grounds for a suit. The distress has to beso severe it actually causes pain.Just being upset enough.
5. Defamation -To establish defamation, the plaintiff must prove that the defendant made a false statement about the plaintiff to at least one other person besides the plaintiff that harmed the plaintiff's reputation.