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Brittany
Brittany, Professional
Category: Homework
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Experience:  AA/Accounting BS/Business
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Identify the elements of the tort claim that constitute the

Customer Question

Identify the elements of the tort claim that constitute the plaintiff’s claim for each scenario.

Identify its elements in the first instance and refer to your prior discussion in later instances. Analyze the facts of each situation to determine if all of the elements can be proved and whether any defenses might be available.


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.
Submitted: 2 years ago.
Category: Homework
Expert:  Brittany replied 2 years ago.

Brittany :

HiCustomer Do you need to address all of the scenarios? If so, the information cut off at scenario 2. Also, please provide the word count requirements. Thank you, Brittany

Customer:

Hi Brittney,

Customer:

I have to address both scenarios and identify the elements of the tort claim that constitute the plaintiff’s claim for each scenario. Also, identify its elements in the first instance and refer to your prior discussion in later instances. Analyze the facts of each situation to determine if all of the elements can be proved and whether any defenses might be available.

Customer:

The information for scenario #2 is complete. This is the last sentence of scenario #2, "While she is unconscious, the surgeon mistakes her for another patient and amputates her right leg." Word count is 250-300 for both scenarios. Thank you!

Customer:

Can you get this answered before tomorrow afternoon?

Brittany :

Thanks for clearing that up! I just assumed something would follow that sentence :) For 500-600 words the price listed is slightly low. Would you be willing to provide a small bonus? I could have it ready for you this afternoon.

Customer:

Hi Brittney,

Customer:

The total word count is 250-300. (That's about 125-150 words per scenario.) I will definitely include a bonus! If you could have that ready by early this afternoon, I will gladly compensate you for your efforts! Thanks! Let me know if this is doable!

Brittany :

Hi Icumuch, That is much more doable! I will get on this right now and post it for you as soon as I get done!!

Brittany :

Do you need an intro or conclusion with this?

Customer: Hi Brittney, will this be original work? Can you please include credible sources (references) with it?
Customer: No, no intro or conclusion needed. Thanks for asking!
Brittany :

Yes, all original with credible sources in APA :)

Customer: If you go over the 300 word count, that is fine too. I need a complete answer though.
Brittany :

Thanks! I am almost done with the first scenario and was getting worried about word count!!!

Brittany :

Here is your answer: Please click here

Customer: Hi Brittney,
Customer: Accept your answer, can anyone also download it or see my answer too? If so, how can I make it private and not accessible to others. I do not care for someone else to take credit for ur work that I compensated you for.
Brittany :

HiCustomer Sorry for not responding sooner! Now that I know you have the assignment downloaded I will delete the link. Please click the green accept button to accept the answer and I have just deleted the link.

Brittany, Professional
Category: Homework
Satisfied Customers: 2012
Experience: AA/Accounting BS/Business
Brittany and 8 other Homework Specialists are ready to help you
Customer: replied 2 years ago.

Hi Brittney,


 


I will request for you again next week for my next assignment. Hope are available to help. Look for me sometime on Thursday 11/1 or Friday 11/2 with another question. Thanks for all your wonderful help! Hope the compensation was sufficient.

Expert:  Brittany replied 2 years ago.
Thanks Customer, I will keep an eye out!

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AA/Accounting BS/Business