Introduction to Torts
Victor M. Salas-Pellot
PA165-01 – Unit 3
Professor Laurence Mraz
Kaplan University
February 19, 2013

FACTS:
Leroy McPhillen was a regular patron of The Bottom’s Up Pub, an intoxicated man named John, began shouting obscenities at a woman seated at a table near Mr. McPhillen. As the woman ignored the man’s ranting, the man approached the woman in a threatening manner. Before the man reached the woman, Mr. McPhillen invited the man to join him at his table. The man refused and grabbed the woman’s wrist. Mr. McPhillen then carefully twisted the man’s arm behind his back and restrained him with a neck hold. Mr. McPhillen refused the man’s request to release him, and firmly seated the man and threatened to punch him if he moved. The woman then informed Mr. McPhillen that the man was her husband.
ISSUE: The questions presented are which intentional torts were committed, and what defenses are available to the tortfeasors?
Both John and Leroy are guilty of committing intentional torts. Both parties have debatable defenses. Though the fact remains that more information is needed regarding the events that occurred prior to the assault and battery to the woman, and the time of how long the intoxicated man was confined. Before determining what are the applicable statues and what each parties defense may be we must first explain each intentional tort committed.
Intentional Torts:
The first intentional tort was the intoxicated man’s shouting obscenities at the woman, approaching her in a threatening manner, and finally grabbing her wrist. Regardless of her relationship to him, his actions are considered to be Assault and