Billy, a minor, was suspended from school for throwing an eraser at his teacher. The school principal told Billy's parents that, in the opinion of the school psychologist, Billy should be admitted to a facility where he could be treated for his anger problem. The principal gave the parents a copy of the psychologist's report, which stated that there was a 90% certainty that Billy would hurt someone if he did not receive proper treatment. Billy's parents admitted they had known about his anger problem for about a year, but had done nothing about it.
Billy's parents ignored the principal's advice and instead sent him to stay with his uncle Dan during the suspension from school. On the first day at his uncle's house Billy began playing an electric guitar so loudly it could be heard a block away. Paul, a neighbor, worked as a therapist out of a home he rented near Dan. Paul called Dan and complained that the loud music was interfering with the therapy session of one of Paul's patients. Dan apologized and immediately had Billy lower the sound on his guitar amplifier.
Later that day, before Dan went out, he told Billy to continue to keep the volume of the music down because of Paul's complaint. After Dan left, however, Billy once again began to play the guitar very loudly. Paul immediately went to Dan's house to complain about the music. Paul told Billy that if he did not turn down the music volume, Paul would call the police. Billy told Paul to mind his own business.
As Paul began to walk back home, Billy yelled to Paul: "If you ever complain about my music again I will make you pay!" When Paul did not respond, Billy threw a large rock at Paul. The rock missed Paul but hit Penny, who was walking by. Penny suffered severe injuries as a result of being hit in the head by the rock Billy threw.
Billy did not play his guitar loudly again.
Identify at least four torts which can be litigated. (Each tort analysis is worth 10 points)
For each tort complete the following:
- Who is the plaintiff?
- Who is the defendant?
- What are the elements of the tort?
- Analysis each element of the tort.
- How will the court rule?