Read the following complaint and answer the following questions:

1. Discuss whether the plaintiff's law suit for negligence is more of an intentional tort complaint.

2. Discuss whether the plaintiffs could have sued for both negligence and intentional tort.

IN THE SUPERIOR COURT OF BIBB COUNTY STATE OF GEORGIA Tom Gordon and Mary Gordon, Plaintiffs V. ) Civic Action File No. 3:09-cv-7864-100 Joe Lundy, Defendant. COMPAINT FOR NEGLIGENCE COMES NOW, Plaintiffs, Tom and Mary Gordon by and through their attorney of record and files this complaint against Joe Lundy as follows: Plaintiffs are a resident of Bibb County, Georgia and is subject to the jurisdiction of this court. At all times relevant, plaintiffs are citizens and residents of the County of Bibb, Georgia 2. Defendant a resident of Bibb County, Georgia and is subject to the jurisdiction of this court. At all times relevant herein, Defendant was a citizen and resident of the County of Bibb, Georgia and can be served at 22 Long Vine Road, Macon, Georgia 31201 or where he can be found. 3. On July 14, 2018, at approximately 5:30 P.M., the plaintiffs' six years old son Jordon Gordon accidently fell into Lake Sinclair in Bibb County Georgia. Jordon Gordon began to drown. The defendant was standing on a pier and saw Jordon Gordon drowning. On the pier, next to the defendant was a life preserver attached to the rope. Defendant needed only kick the life preserver into the water to save Jordon. Defendant failed to put the life preserver in the water. 5. The defendant sat, smoked a cigarette, watched Jordon drown, and then walked away. Plaintiffs are the parents of Jordon Gordon. Jordon Gordon drowned and died on July 14, 2018 at approximately 5:37 p.m. 7.Mr. Lundy had a duty to try to save the drowning boy. 8. Mr. Lundy failed to assist the boy by simply kicking a life preserver in the water as any reasonable person in a similar circumstance would have done. That as a direct and proximate cause of the negligent conduct of Mr. Lundy, Jordon Gordon was not saved and was drowned, causing the plaintiffs great pain and suffering and the loss of child. 10. That as direct and proximate result of the Mr. Lundy negligence. Plaintiffs have suffered compensatory and nominal damages in the amount of $450,000. 11. That Defendant's acts were malicious, callous and outrageous and Defendant should be discouraged from such negligent behavior and punished accordingly. Wherefore, THE PLAINTIFFS PRAYS THE Court as follows: 1. That the plaintiffs recover from Mr. Lundy, a sum of $1,450,000 for compensatory and punitive damages as a jury deem appropriate 2. That the plaintiffs have and recover the costs of this action. 3. For a trial by jury- 4. For such other and further relief as to the Court may seem just and proper. Respectfully submitted this the 15th day of July 2018 Attorneys & Association, P.A. Dija LeClair, Esq. State Bar No. 2222223 178 Belleview Ave Macon, Georgia 31201 Attorney for the Plaintiff P: 1-478-953-6598 Fax: 1-478-356-1987