Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

please read the story below and answer ALL the questions and bullet points relating to the story. do not use ai to answer please. the

please read the story below and answer ALL the questions and bullet points relating to the story. do not use ai to answer please. 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

_____/ 65 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

*(_____) BONUS - discussion of joint and several liability

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image_2

Step: 3

blur-text-image_3

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Business Law And The Legal Environment

Authors: Jeffrey F Beatty, Susan S Samuelson

9th Edition

0357633369, 978-0357633366

More Books

Students also viewed these Law questions

Question

Brief the following Cases: Eisner v. Macomber 252 U.S. 189 (1920)

Answered: 1 week ago

Question

Subjective norms, i.e. the norms of the target group

Answered: 1 week ago