Synopsis of Tort Case Paper

Synopsis of Tort Cases Paper 1

Synopsis of Tort Cases Paper

Alonzo Becton, Drew Scranton, Jennifer Castro, Jim Evans, John Trettner

May 30, 2011

BUS/415

Tara Miller

Synopsis of Tort Cases Paper 2

Scenario 1

Scenario 1, or perhaps a better title is “What a football game” evokes a sense of mayhem. One single act unleashes a number of events that appear to build off of one another. The story begins at a football stadium, and two fans seated near each other. An accidental beer spill leads to the possible deaths of the two protagonists, Malik and Daniel. Analyzing the scenario in terms of claims leaves the reader questioning whom the plaintiffs and the defendants are as well as what their tort actions will be.

There are a variety of tort actions, intentional and unintentional, applicable in this scenario. They include but are not limited to, assault and battery, defamation of character, and negligence. At this point there are different plaintiffs and defendants depending on what claim is being made against whom.

The potential plaintiffs in the scenario are both Malik and Daniel. Malik is a plaintiff for negligence, and assault and battery. On the other hand Daniel is a plaintiff for assault, and defamation of character. If we presume that both Malik and Daniel die because of their injuries, than both of their estates become plaintiffs.

The defendants include the football stadium, a lady standing in line, and again Malik and Daniel. The football stadium is a defendant because of negligence, the lady standing in line for defamation of character, Malik for assault, and Daniel for assault and battery.

The elements, which comprise the plaintiff’s claims, include duty of care, breach of the duty of care, injury, and actual cause. Duty of care was breached when Daniel shoved Malik,...