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Plaintiffs and Defendants in a tort lawsuit

Scenario 1: Daniel and his son Ruben, age 8, go to a football game. The quarterback drops back to throw a pass, and is hit by an opposing player, breaking the quarterback's arm, and sending the ball into the stands, injuring a fan. The referee calls this an incomplete pass, which upsets Malik, a fan seated next to Ruben. Malik jumps up to yell at the referee, spilling his cold beer on Ruben. Daniel is upset to see Ruben's enjoyment spoiled this way, and shoves Malik. As Malik falls, he grabs onto the railing, which gives way under his weight. Malik's face hits the aisle steps, knocking out two of his front teeth. An usher takes Malik to the first aid station. On their way out, Daniel stops at the concession stand to buy two diet soft drinks. A lady standing in line at the concession stand smells the beer on Ruben, and she starts yelling at Daniel, accusing him of giving beer to a child. She makes a huge scene, and several customers cast disgusted glances toward Daniel. One of them is Daniel's boss, who tells him he does not want anyone working for him who would give alcohol to a child, and that Daniel is fired. Meanwhile, the concession worker gets distracted by the scene in front of him, and accidentally gives Daniel two regular, sugary soft drinks instead of diet drinks. Daniel and Ruben drink the soft drinks and as they exit the stadium Daniel slips into a diabetic coma.

Scenario 2: Anna orders a meal in a restaurant. After her food is served, she takes a bite and cries out in pain. She has bitten down on a piece of glass. Upon hearing Anna's cry, another waiter who is pouring wine at a nearby table spins around and bumps into Anna's waiter, who is carrying a flaming dish. The flaming dish tilts onto Anna's waiter, and his apron catches fire. He rips it off and casts it aside, where it ignites another tablecloth. Several patrons suffer smoke inhalation and burns. Anna goes to the emergency room for the injury to her mouth caused by the glass. The emergency room doctor tells Anna that immediate surgery will be necessary to stop the bleeding and save her tooth. She is immediately prepped for surgery. While she is unconscious, the surgeon mistakes her for another patient and amputates her right leg.

Read these 2 scenarios and answer this question. Answer must be orignal and must cover both scenarios.

o The identity of potential plaintiffs and defendants and why you see each one as a party to a tort lawsuit

Solution Preview

Scenario 1:

Cause 1:
Potential Plaintiffs: The fan hit with the football
Potential Defendants: Owner of the stadium

In this cause, the fan that was hit with the football would have a potential claim against the owner of the stadium as the stands may be too close to the field and therefore a harm to the fans.

Cause 2:
Potential Plaintiffs: Malik
Potential Defendants: Daniel

Malik would more than likely have a case against Daniel as Daniel assaulted him causing him to eventually fall to the ground and get injured.

Cause 3:
Potential Plaintiffs: Malik
Potential Defendants: Owner of the stadium, individual who constructed the stands

Malik may have a case against the stadium as the stands were not properly constructed and/or were so old that they cause the collapse. Therefore, the company that constructed the stands may be ...

Solution Summary

This solution provides an explanation to a scenario wherein the Plaintiff and Defendant were identified in each scenario.