Tort Cases

Scenario 1

This scenario involves Daniel, Daniel’s son Rueben, Daniel’s boss Malik, and Malik’s wife. A careless act by Malik creates a situation that involves Daniel reacting senselessly. The carelessness of Malik causes a misunderstanding at the concession stand causing Daniel to lose his job. Then Malik approaches Daniel in the parking lot with the intent to scare him and when Daniel does not scare but instead defends his aggressor and has a negative reverse action on his personal health.

A potential plaintiff is Malik because Daniel commits assault and battery on Malik. Malik spills beer on Daniel’s son Reuben so Daniel shoves Malik and he falls against the step breaking his two front teeth. The assault tort is from actual physical contact that was unnecessary and offensive (Cheeseman, 2010). Also, the battery tort applies due to Malik sustaining injuries during the assault from Daniel.

This situation names Daniel as a potential defendant since Malik has a potential lawsuit against him. Daniel’s attorney might argue that Malik’s actions, of spilling beer on Rueben, are contributory negligence. This tort will partially hold Malik at fault for his part in the whole situation (Cheeseman, 2010). This is a viable consideration because if Malik was more careful when he becomes upset, he would not spill any beer on Rueben; therefore, Daniel would not have a reason to shove Malik making this original lawsuit that Malik files against Daniel a mute point.

Also, Malik becomes a potential plaintiff in a negligence claim of injury when Daniel shoots him in the parking lot. Malik’s wife is another potential plaintiff in the shooting incident under negligent infliction of emotional distress tort. Both Malik and his wife are victims in the shooting because of the injuries Malik sustains from the gun shot and witnessing the course of events. The injuries inflict pain and suffering but also creates an emotional and stressful situation for Malik’s wife when she bears...