Torts Online Practice Group DiscussionProblems

• Adam is driving down Burbank Blvd. and comes to a stop at a red light when he is rear ended by Eve, who was not paying attention because she was texting a friend. Adam suffers whiplash injuries to his neck and goes to a physical therapist. His injuries eventually heal, but he has to spend $10,000 on medical bills and misses a month of work and loses $4,000 in wages.

• What theory of tort liability would Adam sue Eve under? Intentional Tort, Negligence or Strict Liability?

• What was Eve's duty of care at the time of the accident?

• What does Adam need to prove to show "but for causation" and "proximate causation"?

• How would Adam calculate his damages? What types of things would be included?

• If Eve had an auto insurance policy of $15,000, but no other assets, how much Adam likely get?

• In what type of court should Adam file his lawsuit (e.g. criminal, civil, district, bankruptcy, circuit court, etc.?) Who would be the plaintiff? The defendant?

• Assuming Adam was driving under the influence at the time of the accident. How could Eve use that to her advantage to avoid paying some or all of his damages?

• Christine is a stay a home mom. She is shopping at the supermarket and as she reaches for a bag of grapes, she steps on a loose grape on the floor, slips, falls and lands hard on her right hand, breaking her wrist. As she is waiting for an ambulance, she notices that the grape looks very fresh and is bright green.

• Could Christine sue the supermarket under a strict liability theory of tort liability? Why or why not?

• Under what theory of liability would Christine have the greatest change of winning a tort case against the supermarket? Intentional Tort, Negligence or Strict Liability?

• Assume that Christine is a surgeon who uses her right hand to perform operations, and that her injury permanently prevents her from using her right hand. What would be the measure of her lost wages that she could ask for as part of her damages?

• Assume that Christine was already off work at the time of the fall because she had developed carpal tunnel syndrome in her right hand that prevented her from working. How would that affect how much she would get in damages?

• If Christine loses at trial, what could she do if she believes the trial court judge made an error that caused her to lose at trial?

• Gary is walking down the sidewalk in Glendale when he suddenly trips and falls, twisting his right ankle in the process. He gets up and sees that a tree root has cracked and pushed up the sidewalk about of an inch, which he believes caused him to trip. He goes home, takes aspirin and wraps his ankles in ice and a bandage. A few days later, he feels fine.

• If Gary wanted to sue over this, who would he sue? Under what theory of liability?

• What would be the defendant's best argument?

• Would it be worthwhile for Gary to file a lawsuit? Why?

• What evidence would help Gary win his case? How would he go about finding it?

• What kind of evidence could the defendant use (assuming it existed) to defend itself against Gary's claim?

• High Octane, Inc. maintains a warehouse full of gasoline in a crowded port of Long Beach. One night, a fire breaks out in its warehouse. The fire burns down the warehouse and spreads to Igloo, Inc.'s office next door and burns it down as well. The burglar is never caught by the police. High Octane's warehouse is worth $500,000 and the gasoline it had stored there was worth $750,000. High Octane has a $1,000,000 insurance policy to cover its losses during an accident. Igloo's office is worth $400,000, and they are forced to close for 2 months while they relocate.

• Could High Octane file a lawsuit against anyone in this case? If so, who? Under what theory of liability?

• Could Igloo file a lawsuit in this case? If so, against whom? Under what theory of liability?

• What would Igloo's damages be?

• Could High Octane make a claim under its insurance policy?

• Assume that the police later discover that the burglar was actually a cousin of High Octane's president.
• Would that fact change Igloo's theory of tort liability?

• Would that fact give the insurance company grounds for filing a lawsuit? If so, against whom? For what type of tort?

• Jessica and her friends are hard-working college students at LAVC. One Friday night after class, they decide to go to a popular bar near campus called Lucky Baldoon's. Jessica orders a bottle of Budwoozy beer, so the bartender opens it for her and places it on the bar. As Jessica picks it up, the bottle cracks and breaks in her hand, scarring her badly. The bartender apologizes profusely and quickly offers her a new beer on the house.

• Could Jessica sue Lucky Baldoon's in this case? If yes, under what theory of liability?

• What evidence could you look for to support her case against the bar?

• Could Jessica sue Budwoozy in this case? If so, under what theory of tort liability?

• What evidence would you use to support her case against Budwoozy?