State of Confusion Paper

Scenario 2

The torts on scenario two are: Anna’s Italian meal had a piece a glass that cut her, an old lady was trampled by the large crowd and is seriously injured and, the surgeon mistaken Anna for a patient who needed her leg amputated. The potential plaintiffs in this scenario are, Anna and the old lady. The potential defendants are: Italian restaurant, restaurant’s staff, the hospital and the surgeon. Anna can sue the restaurant for negligence, because a piece of glass was in her food. Obviously, the glass in her food did not occur on its own. The restaurant is liable based on the food served, her injuries to her tooth and mouth and also for the act of medical malpractice that happened after her transport to the hospital. Anna also has a claim against the surgeon for breach of contract and medical malpractice. She could sue the doctor for battery because she consented to surgery, and did not consent to the leg amputation. The surgeon had a duty to know that Anna was not the patient who required the leg amputation. The hospital is also a defendant since the surgeon is employed by the hospital. She may be able to collect the damages for the leg amputation from both the hospital and the restaurant. The damages to her mouth may be collectible form the restaurant and staff only. Anna will be successful on all of her claims. The old lady at the restaurant can sue the staff and the restaurant for negligence. The staff had a duty to be cautious and not bump into one another or other objects. They rest of the staff had a duty to manage the chaos that began as everyone fled the premises. If the people are not injured they will lose.

References

Mark Radcliffe and Diane Brinson, 2011. The U.S. Legal System

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