Ask Case Study Expert

Bike Riding Sweet Sixteen

Dina, age sixteen, lives at home with her mother, Mary. Mary is aware that Dina has recently exhibited a sometimes violent and delusionary nature diagnosed as schizophrenia and has attacked persons in the neighborhood. Medication that can control Dina's behavior has been prescribed, but without Mary's knowledge, Dina has stopped taking it.
After Dina stopped taking the medication, she approached a neighbor, Paul, as he walked along the sidewalk fronting Mary's home. Without provocation, Dina gestured threateningly at Paul and screamed, "I know you're out to get me and I'm going to get you first," and then left.
Paul, who had no knowledge of Dina's mental illness, phoned Mary about the incident. Mary told Paul that "Dina has sometimes made threats to others, but I do not think she will try to hurt you and I assure you that this will not happen again." Paul believed Mary's assurances and, for that reason, did not seek to avoid Dina.
Mary questioned Dina about the incident, scolded her, and asked if Dina was taking her medication. When Dina said she was taking it. Mary did not pursue the matter.
Two days after Dina confronted Paul, Dina saw him raking leaves which had fallen into the street fronting their adjoining homes. Dina got on her bicycle and rode it as rapidly as she could directly at Paul. Although Dina swerved away from Paul at the last moment, Paul reacted by diving to one side. He struck his head on the curb and suffered a severe concussion and facial injuries.
Paul has sued Dina and Mary, alleging tortious causes of action.
1. Is Paul entitled to recover against Dina for:

a. Assault?
b. Battery?
2. Is Paul entitled to recover against Mary:

a. On the ground that Mary was negligent as to Paul?
b. On the ground that Mary is vicariously liable for Dina's conduct?

Shopping Dispute

Superstore is a 24-hour grocery store. For safety reasons, Superstore has installed bright lights in its parking lot that turn on in response to loud noises. The lights turn on several times a week, especially during the night, and have caused neighboring homeowners to complain of loss of sleep and various adverse health consequences.
One night, Ned and Carl exited Superstore, each carrying a heavy bag. Ned is the publisher of a local newspaper and Carl is a business consultant. As they exited, they accidentally bumped into each other, each causing the other to drop his bag and spill its contents. A loud argument ensued. Ned took several steps toward Carl; Carl threw an orange at Ned and grazed his pant leg without injuring him; and Ned punched Carl in the stomach. The loudness of the argument caused the lights in the parking lot to turn on. Soon, a Superstore security guard arrived and restored order.
The next day, Ned published an account of the incident, calling Carl a "coward and a liar." Carl experienced a substantial decrease in business consulting thereafter.
1. What tort claim or claims can Ned reasonably bring against Carl, and what defense or defenses can Carl reasonably raise?
2. What tort claim or claims can Carl reasonably bring against Ned, and what defense or defenses can Ned reasonably raise?
3. What tort claim or claims can the neighboring homeowners reasonably bring against Superstore?

Diner Incident

Pam drove to Diner, a local restaurant, at about 5:00 p.m. When she got out of her car in Diner's parking lot, she was robbed at gunpoint by an unknown assailant, who took her purse and her cellular phone. Pam later discovered that she was not the first victim of a crime in the Diner parking lot. In the past year, two other customers had been the victims of auto burglaries, which occurred while they were dining inside the restaurant. Diner put two video cameras in the parking lot, but did not hire security guards to patrol the parking lot.
As the robber began to flee, Pam wanted to get help and decided to run into Diner to use one of its telephones. She hoped that by calling "911" quickly, the robber could be apprehended and her property returned. As Pam ran across the parking lot she tripped in a large pothole and fell and broke her arm. Diner had not repaired the pothole, although customers had been complaining about it for weeks. All of the complaints were from customers who had not spotted the pothole while driving, hit it, and worried that their tires would be knocked out of alignment. The pothole was readily visible to pedestrians. Had Pam not been so panicked by the robbery, she likely would have noticed the problem and avoided it.
When Pam entered the restaurant, she asked a waiter, Wayne, to let her use Diner's phone to call "911." Wayne refused to let her use the telephone. He said Diner's policy limited use of the telephones to employees making business-related calls and strictly prohibited calls by customers. In fact, Pam later found out that Wayne had misstated the policy, which included an exception for emergencies. When Wayne refused, another customer promptly called "911" for Pam, using his own cellular phone. The paramedics and police arrived shortly thereafter, enabling Pam to get immediate treatment. However, the robber was never apprehended and Pam never recovered her purse or her cellular phone.
Pam is suing Diner. Under what theory or theories might Pam bring an action against Diner, what defenses, if any, might Diner assert, and what is the likelihood Pam will be successful in obtaining damages for:
1) The loss of her purse, her cellular phone, and her emotional distress as a result of the robbery?
2) Her broken arm?
3) Exacerbation of her injuries due to Wayne's refusal to allow her to use Diner's phone to call "911"?

Neighborhood Idiots

Abe wanted to cut down a tree that was growing on public property bordering his house because he did not want to rake its leaves. When Abe attempted to do so, Bill, who lived across the street, demanded that he stop. Abe refused and, holding his saw in front of him, took two steps toward Bill. Avoiding Abe, Bill climbed high into the tree, insisting he would not come down because he wanted to save the tree. Abe nevertheless sawed through the trunk of the tree, which fell into the street with Bill in it, causing Bill serious injuries.

Cindy, a passerby, rushed to help Bill. As she was assisting him, she was struck by a car and sustained serious injuries.
Debbie, a neighbor, watched the entire incident from her front porch and suffered severe emotional distress as a result.

1. Is Bill likely to prevail on any intentional tort claim against Abe?
2. Is Cindy likely to prevail on a negligence claim against Abe?
3. Is Debbie likely to prevail on a negligent infliction of emotional distress claim against Abe?

Case Study, Writing

  • Category:- Case Study
  • Reference No.:- M92241071
  • Price:- $20

Priced at Now at $20, Verified Solution

Have any Question?


Related Questions in Case Study

Aim of assessmentone important way that infants and young

Aim of assessment: One important way that infants and young children learn about their world is through their psychosocial devel- opment. This assessment item aims to provide you with an opportunity to explore the psycho ...

Assignment - solve the given case using below stepscase -

Assignment - Solve the given case using below steps. Case - The South African Wine Industry in 2016: Where Does It Go from Here? Steps - 1. Identify the Article/Topic/Situation. 2. Gather Info (Company website). 3. Sort. ...

Assignment - media evolution analysisassignment details

Assignment - Media Evolution Analysis Assignment details: Following our lectures and discussions in class, choose one media technology or phenomenon and research its historical trajectory. In particular, you should focus ...

Company law assignment question -hi tech supplies pty ltd

COMPANY LAW: ASSIGNMENT QUESTION - Hi Tech Supplies Pty Ltd is a company formed by two friends, Bill and Sue who met while studying computer studies at University. The company has very little assets and Bill and Sue have ...

Growth development and ageing for exercise scientists

Growth, Development and Ageing for Exercise Scientists Assessment Task - Video Critique Instructions This assessment task will assess your ability to apply key concepts of growth, development and ageing to a series of ca ...

Importance of communicable disease surveillanceword

Importance of communicable disease surveillance. word count:300

Case - adidasquestions1 analyse the importance of using

Case - ADIDAS QUESTIONS 1. Analyse the importance of using both above-the-line and below-the-line communication for Adidas. 2. Justify how effective you feel the high cost use of sponsorship has been to Adidas? 3. Evalua ...

Question 1requiredwhat is the major environmental or

QUESTION 1 Required: WHAT is the major environmental or resource issue, HOW is it caused and WHERE is it occurring? WHAT is the main resource involved and HOW is it being impacted or developed? WHO are the primary stakeh ...

Answer the questions using volkswagen group- write on this

Answer the questions using Volkswagen Group- write on this topic Case Assignment Please select a company from among the ones listed below (see Articles for Case Assignment) or else select an organization of choice facing ...

Fever case study -elena is a 74-year-old hispanic f who was

Fever Case Study - Elena is a 74-year-old Hispanic F who was recently discharged one week ago from a local rehabilitation center after status post left hip replacement (one month ago). Negative for any complications. PMH ...

  • 4,153,160 Questions Asked
  • 13,132 Experts
  • 2,558,936 Questions Answered

Ask Experts for help!!

Looking for Assignment Help?

Start excelling in your Courses, Get help with Assignment

Write us your full requirement for evaluation and you will receive response within 20 minutes turnaround time.

Ask Now Help with Problems, Get a Best Answer

Why might a bank avoid the use of interest rate swaps even

Why might a bank avoid the use of interest rate swaps, even when the institution is exposed to significant interest rate

Describe the difference between zero coupon bonds and

Describe the difference between zero coupon bonds and coupon bonds. Under what conditions will a coupon bond sell at a p

Compute the present value of an annuity of 880 per year

Compute the present value of an annuity of $ 880 per year for 16 years, given a discount rate of 6 percent per annum. As

Compute the present value of an 1150 payment made in ten

Compute the present value of an $1,150 payment made in ten years when the discount rate is 12 percent. (Do not round int

Compute the present value of an annuity of 699 per year

Compute the present value of an annuity of $ 699 per year for 19 years, given a discount rate of 6 percent per annum. As