Question
Sid had a busy Saturday afternoon. First, an oil change at the local auto shop, then an hour at the tanning salon, then finally his
Sid had a busy Saturday afternoon. First, an oil change at the local auto shop, then an hour at the tanning salon, then finally his very first private golf lesson. His first stop did not go so well. His car needed more work than expected and cost him over $500.00. After unhappily paying the bill, he began yelling and screaming at Steve, the mechanic, then he punched Steve square in the nose, jumped in his car and took off for the salon. While there, he warned the receptionist all about that "crook" Steve, a liar and a cheat. He calmed down while tanning and felt pretty good once his session had ended. Other than having oily hands for hours afterwards, he loved tanning. He then drove to the golf course where he arrived a bit early, so he decided to practice with his new clubs in the pro shop. As he took his first swing, his club slipped out of his oily hands and smashed through the window of the shop. It sailed over the parking lot and landed on the windshield of Walter's car just as Walter was pulling away from a stop sign onto the main road. The crash startled Walter so badly that he went into cardiac arrest which caused his foot to slip off the brake and his car to roll into the intersection. Joel, who was out for a cruise in his 1965 Mustang convertible, was coming upon the same intersection in a direction perpendicular to Walter's and had to swerve to miss hitting Walter's car. In the process of avoiding Walter, Joel lost control of his "baby" which accelerated down the hill and crashed into an animal shelter that exploded, killing all the puppies inside. Steve, Joel and Walter all ended up in the hospital that night: Steve had a broken nose and was emotionally distraught, Joel suffered two broken arms and a severe concussion, and Walter had to have open heart surgery.
A: Steve sued Sid and included 4 counts in his complaint. Name and EXPLAIN the four counts. (In other words, what are the causes of action that Steve has against Sid?)
B: Walter sued Sid for negligence. Name and EXPLAIN each of the elements Walter will need to be prove in order to prevail in a lawsuit for negligence. Can Walter meet each of those elements? Explain why or why not? Does Sid have any defenses?
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