CL727 Legal Analysis and Writing I

Module 7 Assignment: Single Case Application of Precedent

Complete the Single Case Application of Precedent ("Single Case Analysis").

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To:Associate

From:Senior Partner

Date:Monday of Last Week

Re:Randall Scott: Potential Emotional Distress Claim

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We represent Randall Scott, who owns a farm in Oldham County, Kentucky. Until recently, Scott had a dog named "Bosco" that looked remarkably like a coyote. The dog was often allowed to roam freely around Scott's farm, and two weeks ago he wandered away onto the nearby farm of Doug Stanley. Stanley had never seen Bosco before. When Stanley saw the dog near his chicken coop, he thought it was a coyote that was about to attack his chickens. Stanley therefore shot and killed Bosco.

When Scott learned that Stanley had killed Bosco, he was devastated. Scott has come to our office to ask if he has a case against Stanley for the death of his beloved Bosco. We are considering filing a claim against Stanley for intentional infliction of emotional distress.

Instructions:

Please write the Analysis section only of a legal memorandum regarding whether Stanley's conduct meets the "intent" element of a claim for intentional infliction of emotional distress. Do not address any other claims or damages; confine your analysis to "intent." Another associate has done the research and has found one precedent case, Ammon v. Welty. Retrieve the case from Westlaw and use only that case to draft the analysis; do no other research. Be aware that there is more than one Ammon v. Welty case, and be sure that you carefully review the cases and use the case that discusses the "intent" element of a claim for intentional infliction of emotional