Discussion Question 2: Legal Analysis - Practical Joke Consequences

In the following discussion question, you must study a personal injury scenario to analyze the tortfeasor's conduct to determine whether the victim has any viable tort claims (to include identifying the elements of each relevant tort) and what remedies might be most appropriate. Additionally, you must identify whether the defendant has any defenses, privileges, or immunities available to eliminate or mitigate any tort liability he or she may have.

Kelly has worked for a construction company for a few months. One of her coworkers, Ken, is a practical joker, and everyone is fair game. Someone mentions to Ken that Kelly is afraid of slasher movies. Thinking it will be hilarious, one day Ken shows up at work wearing a mask of one of the slasher movie characters and hides in the locker room waiting for Kelly. As Kelly enters, Ken jumps at her, wearing the mask. Kelly screams, faints, and hits her head against a locker.

Kelly is not seriously injured and attempts to carry on as usual with her work. Every time she tries to go to the lockers, however, she starts to tremble, her stomach knots up, and she feels sick. This goes on for several days. She goes to the doctor, who prescribes antianxiety medication. Kelly is convinced Ken is going to try something else and is afraid to return to work. She files a lawsuit against Ken and the employer for intentional infliction of emotional distress.

Analyze Kelly's likelihood of success, along with any defenses available to Ken.