Share
Explore BrainMass

Doower v. Gotham

What are Eval's best arguments? What are Gotham's best arguments?

Doower v. Gotham

Eval Doower devises a clever scheme to rip off the Gotham Department Store. During the day, he manages to enter the store's loft and loosen the hatch opening onto the roof. He plans to hide in the men's toilet until the store closes and the coast is clear, then carry as many valuables as he can through the hatch and onto the roof. He intends to lower the loot to a confederate waiting below, then climb down and make his getaway.

Eval's plan goes perfectly until he attempts to leave the men's toilet that night. He then discovers that Gotham's security people have left two huge Doberman Pincers to roam the empty store. Eval is deathly afraid of dogs, especially big dogs. The two Dobermans easily chase Eval back into the toilet. He spends the next twelve hours locked in a stall with the dogs growling outside.

The next morning shortly before the store opens, a janitor finds Eval cowering in the corner of the toilet. He is babbling incoherently and requires extensive psychiatric treatment before being released to the authorities. When he regains his faculties, he hires an attorney, who brings an action against the store.

Here is the info I have :

Eval best arguments are as follows:

Eval can argue that Gotham Department store caused him emotional distress because of the Doberman Pincers. Some jurisdictions have extended the tort of emotional distress to include the "negligent infliction of emotional distress." The most common examples of this involve bystanders who witness the injury or death of a loved one that is caused another's negligent conduct. According to the text, Generally to be successful in this type of case, the plaintiff must prove the following:

1 A relative was killed or injured by the defendent.
2. The plaintiff suffered severe emotional distress,
3. The plaintiff's mental distress resulted from a sensory and contemporaneous observance of the accident.

Some states require that the plaintiff's mental distress be manifested by some physical injury; other states have eliminated this requirement.

So Eval needs to prove Negligent infliction of emotional distress or Iintentional infliction of Emotional Distress caused simply by having Doberman's there to frighten Eval or any intruder.

Gotham's best arguments would be as follows:

1. Eval was an intruder, he was trespassing
a tort that interferes with an owner's right to exclusive possession of land.
2. Eval was trying to rob the store.
3 Eval should have not been in the store in the first place.

ARE THERE ANY OTHER CASE EXAMPLES IF SO CAN YOU SEND THE SITE INFORMATION? DO YOU HAVE ANY OTHER IDEAS ON THE ARGUMENTS?

Solution Preview

Interesting case scenario, indeed. Please see response attached for active links. I hope this helps and take care.

RESPONSE:

Interesting case. I have provided other considerations embedded within your response.

1. What are Eval's best arguments? What are Gotham's best arguments?

Doower v. Gotham

Eval Doower devises a clever scheme to rip off the Gotham Department Store. During the day, he manages to enter the store's loft and loosen the hatch opening onto the roof. He plans to hide in the men's toilet until the store closes and the coast is clear, then carry as many valuables as he can through the hatch and onto the roof. He intends to lower the loot to a confederate waiting below, then climb down and make his getaway.

Eval's plan goes perfectly until he attempts to leave the men's toilet that night. He then discovers that Gotham's security people have left two huge Doberman Pincers to roam the empty store. Eval is deathly afraid of dogs, especially big dogs. The two Dobermans easily chase Eval back into the toilet. He spends the next twelve hours locked in a stall with the dogs growling outside.

The next morning shortly before the store opens, a janitor finds Eval cowering in the corner of the toilet. He is babbling incoherently and requires extensive psychiatric treatment before being released to the authorities. When he regains his faculties, he hires an attorney, who brings an action against the store.

YOU WROTE: Here is the info I have:

Eval best arguments are as follows:

Eval can argue that Gotham Department store caused him emotional distress because of the Doberman Pincers. Some jurisdictions have extended the tort of emotional distress to include the "negligent infliction of emotional distress." The most common examples of this involve bystanders who witness the injury or death of a loved one that is caused my anothers negligent conduct. According to the text, Generally to be successful in this type of case, the plaintiff must prove the following:

1 A relative was killed or injured by the defendent.
2. The plaintiff suffered severe emotional distress,
3. The plaintiff's mental distress resulted from a sensory and contemporaneous observance of the accident. Some states require that the plaintiff's mental distress be manifested by some physical injury; other states have eliminated this ...

Solution Summary

Referring to the case scenario, this solution discusses Eval and Gotham's best arguments.

$2.19