Explore BrainMass

tort actions

o What tort actions do you see
o The identity of potential plaintiffs
o The identity of potential defendants and why you see each one as a defendant
o The elements of the tort claim that constitute the plaintiffâ??s claim
o Any defenses you think defendants might assert
o How you think the claim will be resolved, stating legal reasons for your answer

Scenario: Randy is a sales clerk at Buy-Mart, a huge discount store. He works in the hardware and gun department. One day, Lee asks to look at a rifle. Randy unlocks the case and hands Lee the rifle he wanted to see. Lee examines the rifle, and tells Randy he will take the rifle and a box of bullets. Randy puts the bullets on the counter, and turns to ring up the transaction. While Randy is not looking, Lee opens the box, loads the rifle, aims, and shoots a lady who is walking with a man in the next aisle. Upon seeing his wife fall, the man clutches at his chest and has a heart attack.

Lee aims at someone else, but Randy tackles him and knocks him down, spoiling his shot. The bullet ricochets off a metal beam and injures a boy. Randy and Lee struggle until Randy knocks Lee unconscious. The store security guard comes over and, in the heat of anger, kicks the unconscious Lee in the ribs. Randy can hear Lee's ribs breaking. Randy and the security guard manage to lock Lee in a storage room until the police come. For some reason, the police do not arrive for two hours. Before they get there, Lee comes to and bangs on the door, saying he needs medical attention. The security guard tells Lee, "Be quiet or I will break more of your ribs." Lee does not get released from the closet until the police arrive to arrest him.

Solution Preview

o What tort actions do you see
The tort actions I see is first of negligence against Buy-Mart as Randy does not look at Lee opening and loading the rifle, loading it and shooting the lady. The lady against Lee for shooting her, this is a battery case. Further, the man who suffered a heart attack for intentional infliction of emotional distress, the injured boy for battery against Buy-Mart and Lee, and Lee for false imprisonment are all cases where tort action can be expected.
o The identity of potential plaintiffs
The identities of the potential plaintiffs are Lee, the lady, her husband, and Buy-Mart.
o The identity of potential defendants and why you see each one as a defendant
The potential defendants are Buy-Mart, Lee, Randy, and the guard. Buy-Mart because the negligence of its personnel led to Lee shooting a lady, Buy-Mart because its guard kicked Lee and broke his ribs, and Buy-Mart because its guards caused false imprisonment to Lee for an unreasonable time. Lee because he loaded the rifle and shot the lady, Lee ...

Solution Summary

tort actions is discussed very comprehensively in this explanation..