Bus415 Scenario Essay

Submitted By chocolatehunk833
Words: 596
Pages: 3

Numerous tort actions pertaining to this case are: actual cause, assault, battery, defamation of character, slander, negligence, negligent infliction of emotional distress, contributory negligence, and injury to plaintiff. Multiple potential plaintiffs are involved in this case. Malik is a plaintiff because he was shoved by Daniel, which resulted in the loss of two teeth. In addition, Malik was also shot by Daniel. Daniel is a plaintiff because Malik spilled alcohol on his son, pointed a gun at him, the lady at the stadium accused him of giving alcohol to a minor, his boss fired him in front of witnesses without understanding the situation, and the concession worker served him non-diet drinks when he requested diet, which caused him to go into a diabetic coma. Reuben is possibly a plaintiff as he witnessed Malik pointing a gun at his father. Multiple defendants exist in this case. Malik is a defendant because he spilled an alcoholic beverage on Reuben, which led to the melee, and he pointed a gun at Daniel in the presence of Daniel's son. Daniel is a defendant because he assaulted Malik by shoving and shooing him. Although Malik's gun was not loaded as he pointed his weapon at Daniel, Daniel did not know this. He shot Malik in self-defense, and to protect the life of his son. The concession worker is a defendant because he sold the non-diet drinks to Daniel, causing him to slip into a diabetic coma. Elements of the tort claim for Malik would be a lawsuit for negligence, injury to plaintiff, assault, and battery because he was shoved and shot. Daniel would file a suit for assault with a deadly weapon against Malik. Malik caused reasonable apprehension of impending hurt (Cheeseman, 2010, p. 95). Daniel would also file a suit for the tort of outrage. Malik's conduct of pointing a gun created emotional distress. Daniel would file a suit against his boss for defamation of character, slander, and for firing him based on a false accusation. Daniel can file a suit against the concession worker because his or her error caused him to slip into a life threatening diabetic coma. Daniel can also file a lawsuit against the woman at the stadium falsely accusing him of giving his minor