Torts

  

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Directions:

Answer the questions fully and completely and be certain that you include the legal theory or theories involved, the elements of any tort action, any analysis of these elements, and defenses, and counterclaims of the plaintiff, and any and all arguments for defendant

Facts:

Jug Er Not (Jug) is a student at a private college in Anystate, USA.  Unless otherwise indicated, all of these events occurred on the campus of this private college.

When Jug left for his 8AM class this morning, it had snowed so he had to be careful how he got down the hill (a very steep hill) from the dorm where he lived to his classroom.  Jug was in a hurry, so he sat on his book and slid down the hill.  He hit a patch of ice and the book flew out from under him and hit Cool Guy in the head, as Jug slid into a Jeep and hit his head on the sharp edge of the bumper of the Jeep. When Cool Guy fell, he landed in front of a snow plow owned by the university.  The driver of the snow plow (Five Yearplan) could not stop the snow plow in time and ran over Cool Guy, crushing his leg which began bleeding.

Medical Student had just gotten off the bus when he saw Cool Guy so he used his scarf as a tourniquet to stop the bleeding from Cool Guy’s leg.  Sally Squeamish walked out of her apartment building and saw the blood and fainted; her ankle hit the bike stand outside the apartment building and that broke her ankle.

Jug tried to call 911 but got a message that the system was overloaded so 911 had shut down and the telecommunications company AB&B was trying to fix their system. Jug and Medical Student flagged down Jeep Driver and they loaded Cool Guy and Sally Squeamish in the back and Jug and Medical Student sat in the seats and rode with Jeep Driver to the hospital.

When they unloaded Sally Squeamish a mirror fell from her purse and landed in front of the wheel of the electric wheelchair in which Mr. Ancient was riding.  The wheelchair suddenly stopped and Mr. Ancient fell out face first onto the floor, knocking out his two upper front teeth.  The seatbelt on Mr. Ancient’s wheelchair came apart so there was no working seat belt to keep him in his seat. When Mr. Ancient saw his teeth on the floor, he grabbed his chest and yelled that he was having a heart attack.

Nurse Ratchet was on her way to the hospital’s psych ward where she works, sees this event and runs over to Mr. Ancient and begins CPR. 

Jeep Driver left and got into his Jeep so he could get to work but he was blocked in by Mrs. Unhappy Guy, Cool Guy’s mother.  She got out of her car, ran over the Jeep Driver and began slashing his tires and yelling that he had tried to kill her son. A tv crew was filming a story about the bad weather so they caught all of this on tape and it was shown on the noon, 4PM, 5PM, 6PM, 10PM and 11 PM news that same day.

Sally and Cool Guy have surgery and are recovering in the hospital.  Jug was treated and allowed to leave to go home.  He slipped on some ice and landed in front of the snow plow owned by the university- the snow plow’s driver, Super Reckless, could not stop the snow plow in time so it ran over Jug’s leg breaking and crushing the bones.

When Jug woke up in the hospital after having surgery on his leg, he was in the same room with Mr. Ancient.  Mr. Ancient was telling the nurse that Jug had caused his heart attack.  Cool Guy was in the room next door and Cool Guy’s mother was trying to disconnect Jug’s pain medication from his IV.  Sally was down the hall and meeting with her agent to discuss her future since she had been a model before she was hurt- her doctor had just told her she would never wear high heels again due to her ankle injuries.  Her doctor also told her that the scarring would be significant and couldn’t be fixed with plastic surgery.   

Cool Guy has just been told that he lost his leg due to an infection of the wound.  He had been the US Surfing Champ and had won a surfing scholarship for graduate school last week.  The school had offered him a coaching position so he could keep his scholarship for graduate school.  However, he lost that since his mother had been stealing Jug’s pain medications and giving them to Cool Guy so Cool Guy had flunked the drug test for the coaching job since the amount of pain medication in his system was too high to be consistent with the pain medications that had actually been prescribed by his doctor.        

Jug failed to take the final exams in his classes the week after the accident.  Jug never contacted the professors after the accident so he flunked out of school since he had been on probation the semester when the accident happened. This violated his early parole from the county jail for several misdemeanor offenses so he ended up in the county hospital jail ward.

Jeep Driver was fired from his job due to the negative publicity from the tv news story.  Jeep’s boss told him he could not afford to have anyone work for him who was a murder suspect.

Questions:

1. Outline the elements of one ordinary negligence tort.  Include the defendant’s defenses, possible counter-claims and defenses to those counter-claims, and the     damages for each party.   30 points

2. Now do the same for one intentional negligence tort.  35 points

3. Do the same for one strict liability tort.          35 points

Make certain you fully analyze all elements, defenses, and damages for each of your answers

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