Question
Wild Night During Haunted Happenings O'Flahertys (hereinafter the Bar) is a famous bar in downtown Salem. The Bar is known for excellent Pabst Blue Ribbon
"Wild Night During Haunted Happenings"
O'Flahertys (hereinafter the "Bar") is a famous bar in downtown Salem. The Bar is known for excellent Pabst Blue Ribbon Beer, Hot Wings, and sporting events on television. During October the streets of Salem become cluttered with "out-of-town" guests enjoying Haunted Happenings.
It was a Saturday night during October when the following events occurred.
Henry Hill, a muscle-head and known fighter was having dinner at the Bar when noticed Johnny "Two Times" walk in the front door. He was called Johnny "Two Times" because he always said things twice (like I am going to "get the paper" "get the paper").
Johnny owed Henry some money from last week's football games. Johnny knew Henry was a violent individual and was quite scared of him.
Henry decided not to start a "beef" at the Bar. Henry loved the bar and did not want to draw negative attention to the Bar.
Johnny sat a couple seats away from Henry.
Johnny started telling another patron about how Henry was a loan shark, bookie, and mob-related. He was ranting and raving about how bad Henry was. Other patrons started listening to Johnny's comments about Henry. Henry got wind of what was going on.
Henry started to get out of his seat when he slipped and knocked his half-eaten plate of hot wings in the air. One of the bones flew through the air and without any knowledge of what was going on hit Johnny in the face. The trauma caused severe lacerations to Johnny's face.
Johnny became furious and pulled out his knife and moved towards Henry and stabbed him in the chest. Henry saw Johnny coming and tried to get out of the way, but was too late. Johnny also spat right into Henry's face after he stabbed him.
Johnny had a friend who carried an unloaded revolver. Johnny's friend aimed the gun at Henry's face, as Henry lay on the floor. He pulled the trigger but nothing happened (because the gun was unloaded).
The owner of the Bar grabbed Johnny and shoved him into the back room. The owner locked the door and left Johnny in the room for 2 hours. After Johnny was let out he left the Bar.
As he was walking across the street, Henry's friend Tony was driving by. Tony turned around and sped up, aiming his Escalade at Johnny. Johnny saw the truck coming but it was too late. The truck smashed into Johnny seriously injuring him.
Please discuss any and all tort issues in this fact pattern.
Discuss all the torts you find in the scenario. What the tort is, why you think it is that tort (means knowing the definitions) and who wins any lawsuit.
You may want to not use criminal law as we are in the chapter on torts
Assault and battery is actually 2 separate torts
Do not talk about crimes.
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