Memorandum To: Partner From: Associate Re: Gorski v. Clifton, Potential Intentional Infliction of Emotional Damages Claim Questions Presented I. Do comedian Tony Clifton’s abusive verbal remarks and conduct toward Bob Gorski constitute extreme and outrageous conduct that goes beyond the tolerable bounds of society, where Clifton ridiculed Gorski’s looks, weight, ethnicity and intelligence, threw him off of the stage, and poured a glass of water on his head? II. Even if such conduct
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M E M O R A N D U M To: Legal Director From: Redacted Date: November 11, 2008 Re: Spiros v. Landis ______________________________________________________________________________ Question Presented Can plaintiff Ron Arnett state a claim for negligent infliction of emotional distress (NIED) under Pennsylvania law given that Arnett was located twenty feet from the accident that injured Sarah Nolan, saw Ricky Landis running toward the pool and realized immediately after the impact what
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Procedural History: Plaintiff Michael Moore filed personal injury action for his child Brooke Burwell against Defendant Tucson Electric Power Company to recover damages for his child burns that were caused by climbing an electrical pole. Brooke was 14 years old at the time of the accident. The pole was supported by two sets of guy wires and is located in an alley where children play. Brooke had climbed other poles in the past. In fact, he climbed a power pole a month before his accident. Additionally
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crime by threatening to punch John if he moved? ANALYSIS Criminal threatening is the crime of intentionally or knowingly putting another person in fear of imminent bodily injury. When we follow this rule law which sums up intentional torts. Battery is the intentional infliction of a harmful or offensive bodily
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wasn’t sturdy. She will not be able to recover. 4. Does Jamil recover from the suing of Jose for battery and intentional infliction of emotional distress due to Jose slamming into Jamil’s car? Answer: No, because battery is defined as the intentional, unpermitted, or offensive touching of the body- there must be contact with the person’s body, not the victim’s property. There was no intentional infliction of emotional distress. 6. What will likely happen if Celia sues for false imprisonment? Answer:
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Being that an intentional tort means that someone intended on committing harm in some way, it could easily be seen in the health field in my opinion. WHile there are ways to cover up many times it does come down to a patient knowing that one intended harm. It could be seen as an orderly who roughly handles a patient or even a nurse knowing that she intended to overdose a patient. Many times it could easily come in the form of a doctor refusing to treat a patient the way they want to be treated. I
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Torts II Outline DUTY Medical Malpractice • Professional Standard of Care (Medical) o SOC: Doctors must meet the standard of care of an ordinary prudent physician that must have and use the knowledge and skill of a member of the profession in good standing. ▪ Does it help or hurt doctors? • Does impose burden → Must have knowledge, info and use • Does help → lesser standard or care → refers to only what doctors do ▪ How is it different than reasonable SOC?
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Joshua Roy Mrs. MC 12/6/12 3 paragraphs Rough draft Roland Dow and Jessica Linscott were on the run from police for the alleged beating of their child. This created a nationwide search as the couple had not been found for over ten days. This alone has created controversy and belief that the couple did in fact beat their child and were on the run because of it. These accusations are false because these young adults were clearly in love with their child and could never do such
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TO: Supervising Attorney FROM: RE: Intentional Infliction of Emotional Distress—Legal memo DATE: 12/15/15 FACTS On October 2, Jack Dee walked into a Kindergarten classroom at Hickory Elementary School dressed as a monster. His intent was to scare the children of the classroom. He ran into the classroom yelling, “You rotten kids have all been behaving very badly, and now I’m going to eat all of you!” Our client Rosa Lemon has sued. Rosa’s daughter, Sara, has had emotional outbursts caused
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HRM855 – The legal Environment | Bullying in the Workplace | The law, its implications, and the future | For: Bob Thompson | By: Anthony DeRose Mike MortonPerna CaputoSaralyn ManzanoTara Knight | 3/24/2015 | | Bullying in the workplace is a serious issue and more prevalent than ever. The University of Windsor’s Odette School of Business in 2011 found 40% of Canadians experience one or more acts of workplace bullying a week. The Canadian Safety Council reports that 75% of victims
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