Personal Injury Law and Torts

Five fictional tort-injury scenarios are described below. Create a “legal overview” and comment on each scenario. Please provide approx. 300 words per question, i.e., 1,500 words maximum.

For each scenario, carefully review the client’s case facts. If the client is seeking to file suit, identify what tort claim(s) may exist, the elements of those tort(s) and application-based analysis of the elements based on the facts as pertains to the claim(s).

If the client has been sued, determine what defenses may exist, the requirements for those defenses and evaluate viability. Remember, a client may have NO claim or defense, so, examine the facts carefully to correctly assess the client’s case. Incorporate on-point statutory and case law research to support your conclusions.

Case #1 Moran v. Franks, Inc.
Your client, Rick Moran, wants to file suit for injuries he alleges occurred as the result of riding the ‘ Bat Outta Hell ‘ roller coaster at Seaview Amusement Park, owned by Franks, Inc. Mr. Moran says he fell out of the coaster on an upside down turn, due to a failure of the seat bar to hold him in the seat.

Medical reports indicate two broken ribs and a sprained neck resulting from physical impact. Investigation shows the coaster car Rick was in had a loose safety bar which had not been inspected as required by city ordinance. Investigation also indicated Rick was standing in the car at the time of the accident, a violation of ride rules.
Case #2 Harvey v. Schmoltz
Your client, Elvira Schmoltz, was recently sued by Bart Harvey based on her statements to a PTA meeting, with over 50 members in attendance, that “Bart is a poor father and a pedophile who enjoys sex with minor children.” There is no independent evidence Bart has engaged in any such conduct and, to the contrary, Bart is a model father to his 2 sons. Witnesses at the meeting confirm the statement was made. Bart does have a prior conviction for speeding and for trespass on Elvira’s property over 10 years ago.
Case #3 Rhand Corporation v. Justine
Rhand Corporation has hired your law firm to sue Emil Justine based upon his filing of a baseless lawsuit last year alleging that Rhand’s subsidiary served a soft drink which was too cold, causing an alleged stomach irritation. Justine ultimately produced no evidence to support his claim, after strenuously trying to settle the case with Rhand for several months before the case was ultimately dismissed in Rhand’s favor on a Motion for Summary Judgment. Rhand suffered over $75,000 in legal fees and other expenses related to defending the case. Justine even confided in one of Rhand’s employees that he was hoping to get “anything he could to get Rhand back for firing him a year earlier.”
Case # 4 Yutz v. Schmuck
Jack Yutz wants your law firm to file suit against Henry Schmuck for emotional injuries resulting from Schmuck’s actions at a local restaurant. Investigation indicates that Yutz and his wife were having dinner at “The Steak Pit” and, upon receiving their order, Jack complained to the waiter that the prime rib was overdone and dry, demanding a new order as originally requested, i.e., medium rare. Moments later, the restaurant owner, Schmuck, approached Yutz and while shaking his butcher knife in Yutz’s face, yelled at Yutz “You have some nerve, you moron, complaining about my cooking! I’m gonna cut your rib out and cook it medium rare!” Though Yutz admits not being afraid when Schmuck was yelling, he still suffered sleepless nights and is in therapy for DSS (Delayed Stress Syndrome).
Case #5 Threlkiss v. Ashcroft, Pizzarama, Inc.
Ms. Happy Threlkiss, 67 years old, recently released from the hospital after receiving treatment for a nervous breakdown, retains your law firm to sue Richard Ashcroft and Pizzarama, Inc., on her and her niece’s behalf, for injuries resulting from an incident which occurred on January 7th of the current year.

On that date, Happy was walking hand in hand with her three-year-old niece from their car to the Pizzarama restaurant door when Ashcroft, a maintenance worker for Pizzarama, was operating a weed-eater to trim the lawn by the sidewalk Happy and her niece were walking on.

As Happy and her niece approached Ashcroft to enter Pizzarama, Ashcroft looked up at them, smiling, and then viciously attacked the niece with the weed-eater, chewing up her legs and back requiring 30 days hospitalization, over 200 hundred stitches and extensive plastic surgery. Happy was immediately admitted to the hospital as well. Investigation shows Ashcroft was working for Pizzarama at the time, but Ashcroft had no known history of violence.

Here’s some vocabulary to keep in mind. Try to incorporate as many of them into your essay as you feel are applicable: “personal injury” “tort law” “ADR“ “negligence” “breach of duty” “burden of proof” “res ipsa loquitor” “liability” “vicarious liability” “absolute liability” “emotional distress”

NOTE > Please cite all sources.