1. Sandra Davis was a worker in a New York hotel owned by the Royal Crown International Hotel Co. One day, Henry Lambert, the manager of the hotel support team, gathered all the workers and told them that "a great deal of theft had taken place within the hotel." He warned the assembled workers that unless someone confessed or revealed the name of the responsible person, he would start to fire all the workers according to seniority.When no one volunteered the information he was seeking, Lambert fired Sandra Davis, a single parent of three small children.Ms. Davis became very upset, began to cry, sustained emotional distress, mental anguish, and loss of wages and earnings. Ms. Davis sued the Royal Crown International Hotel Co and Henry Lambert alleging that the defendants acted recklessly and outrageously, intending to cause emotional distress and anguish. The defendants argued that damages for emotional distress are not recoverable unless physical injury occurs as a result of the distress. Will Davis be successful on her complaint?Please explain.
2. Dana, a restaurant worker, suffered significant injury when a Pepsi Cola bottle exploded near her face while she was moving a case of Pepsi Cola drinks into the restaurant's refrigerator. The bottles had been stored undisturbed in the restaurant's pantry after being delivered three days earlier. The bottler had subjected the bottle to the method of testing for defects commonly used in the industry, and there is no evidence that Dana or anyone else did anything to damage the bottle between its delivery and the explosion. Dana is suing Pepsi Cola for the damages she suffered.She is unable to show specific acts of negligence on the part of Pepsi Cola and would like to use the doctrine of res ipsa loquitur. Would she be able to use this tort doctrine? Please explain.
3. Fred Banyon, the owner of a rural property, has a place on his land where he piles trash. The pile has been there for three months. Carl, a neighbor of the adjoining property, without Fred's consent or knowledge, threw his trash onto the trash pile. Fred discovered what Carl had done and sued. What tort, if any, has Carl committed?Please explain.