Question
Roy Saunders, Esquire, was delayed in court. Rather than reschedule a meeting with a new client, he asked his paralegal to meet with the client
Roy Saunders, Esquire, was delayed in court. Rather than reschedule a meeting with a new client, he asked his paralegal to meet with the client and obtain the necessary information to set up the new matter in the office case management system, complete the conflict of interest check, and draft a fee agreement for his review. The client, a retired police officer, told the paralegal that after he had retired from the police force, he took a job as a school bus driver to keep active and to supplement his pension. He explained that he was injured during his regular afternoon run taking students home when he was struck by a student as he separated two students who were fighting on the bus. He added that he had become aware of the fight when a third student shouted that one of the students had a knife. He quickly stopped the bus and went toward the back of the bus, where he pulled one student, whom he identified as Bobby, off the other student and forcibly situated Bobby in a seat across the aisle. As the driver was trying to restrain Bobby during the scuffle, the driver was hit in the face. He wants to know his options and how to recover for his injuries and loss of time from work.
Based upon the causes of action of negligence, intentional torts, and any contract liability that may be created from this scenario, identify the specific causes of action the driver may have and against whom he might bring these causes of action. Be sure to identify the elements of each cause of action identified and any defenses that might be raised to mitigate the claim.
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