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Kayla works for Hounds' Dogs, a hot dog restaurant in Clements, CA. It is owned by Terry and Jerry Hound - two brothers. It is
Kayla works for Hounds' Dogs, a hot dog restaurant in Clements, CA. It is owned by Terry and Jerry Hound - two brothers. It is a general partnership, but only Terry works in the store. Jerry does marketing. The place serves hot dogs and sausages. One day while Kayla is working at the cashier booth, Tyler enters the store, orders a hot dog and eats it on the spot. He refuses to pay for the dog and starts to leave. Kayla says, "hey stop. You need to pay for that dog." Tyler turns around and says, "okay, then you pay me." He pulls a gun and demands all the cash from the register. He points the gun at the cash register but not her. The gun is not loaded. He says, "give me the money or else!" Kayla is scared and paralyzed. The man then grabs her by the arm and says, "Open the register and then take me to where the safe is." Kayla hands him the money in the register. It is only $20. Tyler shakes his head and says, "okay, where's the safe?" At this point, Jimmy, a customer tries to help Kayla and Tyler points the gun at him. Tyler says, "you want to help, then you are coming with us wise guy." Kayla then leads Tyler and Jimmy back to the manager's office. Tyler is still holding her arm and pointing the gun at Jimmy. She shows him the safe and he pulls her to its door and says, "now open it." She starts crying and says that she doesn't know the combination. As a result, he strikes her with his gun. She passes out. Jimmy moves to help and slips on the floor (which is somehow wet) and falls. He is injured while Tyler flees. Tyler man is later arrested. Kayla and Tyler are witnesses. Both of them are injured and are seeking money for their injuries. At trial Tyler is found guilty. In OUTLINE FORMAT, identify the issues, i.e., what crimes have been committed and what are the defenses that might be raised, if any? Next, discuss these issues applying the rules to the facts and come to a conclusion. Next, give me your thoughts as to who Kayla and/or Jimmy can sue and what damages may they each recover, if any? What burdens of proof apply to each of the actions and the claims for damages? Discuss all sides of each issue. Do not discuss the specific tort claims involved in this
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