Question
please read the story below and answer ALL the questions and bullet points relating to the story. use the rubric below and make sure to
please read the story below and answer ALL the questions and bullet points relating to the story. use the rubric below and make sure to meet each point on it. give a extremely detailed answer. the source/reference is the story itself.
George was working at a grocery store, ABC Grocery, on a beautiful Monday morning. As he was stocking some shelves, he saw his former high school enemy, Claire. She was shopping at the store. George grabs her by the arm. Claire pushes George to get away from him, but she is not strong enough. George drags her to the men's bathroom. There, the two begin to verbally spar. George tells Claire: "You're rude, just as I remember you." Claire, standing about 20 inches away, steps closer and yells in George's face, "You're still as classless as I remember you!"
Claire tries to leave the bathroom, but George blocks the door. He yells, "You're never getting out of here until you apologize to me!" Claire again attempts to leave, but George lunges forward and pushes Claire back.
Unknown to either of them, there was a paper towel on the ground, left either by a prior patron or a custodian. George pushes her into the towel, and she slips, falls, and bounces her forehead off of the ground. As a result of the push, she sustains a concussion, a bad cut on her forehead - which requires 8 stitches, medical bills that amount to $20,200.00, and a likely permanent scar. Claire, who is also a model in her spare time and has made around $500,000 a year for the last few years, is concerned that her stitched and marked forehead may compromise her modeling career in the short term, and perhaps, moving forward.
(1) Identify and analyze the each possible tort and any applicable defenses AND(2) Identify who can be liable for each tort
- (in other words - what torts could Claire bring and against whom can she bring them? Can George bring any torts? Are there any defenses that apply?;
Go through each element of the case to show the viability of the tort for each possible defendant.
(3) What are Claire's possible "damages?"
Rubric
_____ / Torts against Claire
_____/ Assault: weak but she does push away at him to get away (possible apprehension of battery).
_____/ Battery: weak, but she does push away at him to get away (technical battery)
- _____ / Self defense
_____/ Torts against George
_____/ Assault
_____/ Battery - multiple batteries should be discussed for full points
_____/ False imprisonment
_____/ Negligence
_____/ No defenses apply
*(_____) BONUS POINT -- IIED? (weak, BONUS if discussed)
_____ / Torts against employer
_____/ Discussion of Respondeat superior
- Does vicarious liability attach for George's intentional and unintentional torts?
- Argument could go either way, but discussion should focus on whether it was in the scope of employment
_____/ Negligence for the rag: Discussion of:
- What duty does the store owe to customers?
- Is the rag out enough of a breach?
- Is the causation there (but for the rag, would she have fallen; is it foreseeable that someone could fall on the rag)
- Damages
_____ / Claire's Damages
Medical, Pain suffering, Loss in pay
*(_____) - discussion of joint and several liability
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