Julian wants to sue David, the other player. In his complaint, which tort theory is Julian’s attorney most likely to allege and what will he have to prove for Julian to be successful? Julian’s attorney is most likely to allege Intentional Tort for his complaint to be successful. An intentional tort occurs whenever someone intends an action that results in harm to a person’s body, reputation, emotional well-being, or property. During the game David kicked Julian in the head while Julian was in possession on the ball. Contact with a goaltender while he is in possession of the ball is a violation of FIFA. David was know for being a very rough player, who leaded the team in penalties. When a player plays rough they usually intend to do some type …show more content…
In his complaint, which tort theory is Julian’s attorney most likely to allege and what will he have to prove for Julian to be successful? Julian’s attorney is most likely to allege that mike reacted in a negligent matter in his complaint. As people it is our duty to act reasonably. A reasonable person would not have picked up Julian after witnessing him take a kick to the head. A reasonable person should not move a person who has received a kick to the head. It is recommended to talk to him/her and keep that person from falling asleep, any time someone receives a blow to the head. Until, the ambulance and paramedics arrive. Unfortunately, when mike rushed to pick up and carried Julian off the field. The movement caused compression in Julian’s spinal cord, leaving him permanently paralyzed from the waist down. Therefore, mike caused further harm to Julian. For the court to allow David to recover against Julian’s dad, on what tort theory will David’s attorney rely? Punitive damages are awarded only for intentional torts, when the court determines that the tortfeasor deserves an additional punishment beyond just compensating the plaintiff for the harm done to him or her. Therefore, David’s attorney will rely on intentional torts to
Everyday someone is injured because of someone else’s carelessness. Adam Futrell brings his extensive knowledge of injury law to fight for each of his clients. From one of the South’s most respected law firms, to the Attorney General’s Office,
Your football example is appreciated. The dynamics that can be applied to Lucinda’s situation are engaging and vast. For example, imagine during discovery the defense discovered that Lucinda had a disease process that effected balance and coordination. Now, imagine Lucinda’s broken arm was not the result of a dare but rather learning to use crutches. To the uninitiated it may be easy to assume that Marilyn is not liable for the injury because the disease would convert the fall to a superseding cause.
3d 4 (2012), it states that the elements of a prima facie case for the tort of intentional infliction of emotional distress are: (1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintiff's suffering severe or extreme emotional distress; and (3) actual and proximate causation of the emotional distress by the defendant's outrageous conduct. Browning’s actions were examples of extreme and outrageous conduct with the intent of causing emotional distress as they directly called La Pierre names and followed her for blocks. The doctors have diagnosed LaPierre with severe trauma after the incident which meets the second element, and finally, La Pierre would not have suffered any trauma if it were not for Browning inflicting severe emotional distress towards her which means his conduct is the actual and proximate cause of her
In Cal’s case, on determining who he can file a lawsuit against and who would be liable for his injuries would be first be Anne. Anne goes first because she was the one that made the final impact and that incident was the one that cause Cal to loose both of his legs. So Cal can sue Anne, for being the reason he can’t walk now. Even though Cal was in a car accident minutes before that didn’t cause his legs just minor injuries. Anne would be liable for any and all expenses, any pain and suffering and also if the incident made him loose income from the injury.
Can April Feldman (Feldman) be liable for the jogger’s injuries, when she properly restrained the dog and had no reasonable suspicion that her dog would harm an individual? Under Vermont Law, an owner of a domestic animal is not liable for injuries sustained by third parties, however there are exceptions. Restatement (First) of Torts § 509 (1938) Generally, “the possessor of a domestic animal is not subject to liability of others, unless the owner has reason to know of the animal’s dangerous propensities abnormal to its class.” Id. Feldman would mostly not be held liable for the jogger’s injuries because she did not have responsible suspicion that her dog, Brady was a probably source of danger.
Head Trauma: An NFL Player’s Worst Reality The ideal autumn Sunday, for many of us, involves dedicating time to watch football with friends or family─we consider this a great source of relaxation. Whether it be a classic rivalry or a sensational divisional matchup, people across America enjoy football. However, most viewers do not examine the safety of the players providing entertainment.
One hard blow to the head, Zack Lystedt’s helmet bounced right off the turf. He laid there but, he soon got up to his feet and to the sideline. The next 15 minutes he was back in the game and playing like a star. During the last play of the game, the other team was about to score and win but he makes a head to head tackle to save the game. This was the second hit which changed his life.
His parents said his eyes rolled into the back of his head and he clenched his fist, he had dies from a massive brain swell seconds after (rollingstone.com). The risk of not taking care of concussions is too great. Concussions have become a main topic in everyday life and probably need to be watched a little closer throughout all the main contact sports. New technology has given us the advantage of knowing when someone has take a blow a little bit harder than excepted and helps to know when a child needs to stop. Every parent need to pay a little bit closer to how they’re child is feeling than how they are paying, their life just might be on the
As Americans we are not subject to dictatorship; someone having complete authority over our lives. In fact, The United States of America gets praised for not being a communist country. The government does not control every aspect of society but Tort Reform challenges the idea of Americans free will and put a cap on the compensation that is legally and morally right for the sake of big business corporations. Tort Reform is the complete opposite of a taboo topic. Tort reform is such a controversial topic that is still talked about in the newspaper and other social media outlets even today.
Research in the Sports Med magazine states that,”selected soccer players have some degree of cognitive dysfunction.” Cognitive dysfunction include amnesia, which is loss of memory or brain damage.like disabilities. This magazine says that it is not only heading the ball but it is probably all the other collisions to the head for these players. This may be so, but the injuries to a player’s neck is more connected.
A Civil Action is a movie based on a true story about an epic courtroom showdown where Jan Schlichtmann, a tenacious personal-injury attorney files a lawsuit against two of the nation's largest corporations. He accuses, Beatrice Foods and W. R. Grace Company for causing the deaths of children from water contamination by the illegitimate dumping of chemical wastes into natural water sources. The first issue brought up in this movie is concealing or misrepresenting of the truth also known as deceit. Deceit occurs when an individual withholds or misrepresents information by making false statements with the intent of altering another person’s position on a matter. In the movie, Jan does some personal investigations after he notices that there’s
The crown’s position was that the appellant intentionally hit the complainant on the head. The court heard a total of 11 witnesses, from both the crown and the defence. The complainant testified that he skated behind his own team’s net where he had his head facing towards the right, when the appellant struck him from the left hand side. David Winton, the goalie on the complainant’s team testified
At the annual retreat for the Major League for the Major League Baseball umpires, a Wilson representative gave the plaintiff an umpire’s mask with what he claimed that the mask was a new, safer design. Some months later, the plaintiff wore the mask while he worked behind the home plate during a game in Washington D.C. Towards the end of the game, he was struck in the mask with a foul ball. The impact of the ball gave him a concussion, and damaged a joint between the bones in his inner ear.
This contributed to the brain damage he had. Nowadays the WWE or any other wrestling business has banned any usage of headbutts that directly impact both of the wrestler's heads. They instead try to connect the impact to the shoulder to make it seem like they connected to the head according to the documentary. WWE has banned multiple moves that end up impacting the head such as The Canadian Destroyer, Piledriver, and The Punt Kick. All the moves that were banned have two things in common.
A tort is a wrong committed by a person. There are three types of wrongs, which are intentional torts, unintentional torts and strict liability. According to the textbook, intentional torts is when someone’s reputation and privacy are violated. An assault is the threat of immediate harm or offensive contact or any action that arouses. Physical contact is unnecessary in order for it to be considered an assault.