TORTS CITY, USA It was a beautiful fall evening in Torts City, USA, and as Sheri
ID: 442790 • Letter: T
Question
TORTS CITY, USA
It was a beautiful fall evening in Torts City, USA, and as Sheriff Andy Matlock eased his 300-pound body out of his patrol car to proceed to the Torts City High School football field, he couldn’t help but be optimistic. Maybe tonight he could just concentrate on his favorite things in the world: Torts City Cowboys football; his quarterback son, Sterling; his cheerleader daughter, Belle; and of course, sports cuisine.
It was already in the third quarter when Matlock took his seat. Torts City was leading the perennial powerhouse Mighty Indians by a score of 31-7. Torts City had the ball, and Sterling rolled out to make a pass. After Sterling released the ball, Mighty’s frustrated All-State linebacker, Ace Assault, made a cheap shot on Sterling, knocking Sterling into the Torts City cheerleaders on the sideline. Cheerleader Peppy Williams’s leg was hurt when Sterling bumped into her.
While Sterling was trying to comfort Peppy, Belle began to taunt Ace. As she turned away from him, Ace charged at her. Sterling jumped up and knocked Ace out. Hearing the noise, Belle turned and realized how close she had come to being flattened by Ace. The thought made her very fearful and she began to cry.
Sheriff Matlock missed all this action, however, because an agitated student told him that he needed to come to the old, unused concession stand. When he arrived at the stand, he saw Diane Mason sitting outside crying. Mason, who walked with the aid of crutches, told Sheriff Matlock that local politician Aaron Thurman had heard that Diane and her best friend, Cathy Webster, were saying unkind things about his bid for a spot on the Torts City town council. Thurman had taken Webster into the old concession stand and was berating her loudly. Before he had done this, however, he had taken Masons’ crutches and told her not to move.
Matlock walked into the concession stand and confronted Thurman. Webster, whose exit through the door had been blocked by Thurman, ran out of the concession stand and to her friend. Matlock noted that Webster might have exited the concession stand by pulling herself over the counter, but she apparently felt that she wasn’t strong enough to do so. Matlock threw up his hands and muttered, “Looks like a civil matter to me.”
As Matlock was making his way back to the stands, he received an urgent message to proceed to Park Avenue. He hurried to his patrol car and hurriedly drove to the scene.
When Matlock arrived, he observed Ellie Ridiculous and her neighbor, Connie Carefree, engaged in an argument. As Matlock left his car, Ellie ran over and cried, “You’ve got to do something about this shameless hussy, she parades around in her house in her birthday suit with the shades up. She lured my 10-year old boy onto her property with her exhibition and now she wants to sue for trespass.”
After Matlock got Ellie settled down, he discovered that her curious son, Theo, had seen Connie from his bedroom window. He went out to his yard and as he peered inside Connie’s house, he passed out and fell onto Connie’s property.
Connie then approached and told Matlock that she hadn’t slept for days because she was so Ridiculously distraught over Ellie calling her names like “shameless” and “hussy.” Connie said that she had to take sedatives to keep calm and that she felt like she had to have some type of legal action against Ellie.
At about that time, Matlock heard a cry of pain from Connie’s backyard. He rushed into the yard and discovered seven-year-old Richard Ridiculous lying on the ground next to Connie’s trampoline. Richard explained that he thought the trampoline was cool and that he tried it out and fell off. Matlock noticed that there were no barriers to keep Richard from accessing the trampoline. Matlock also noticed that Richard showed signs consistent with a head injury.
As Matlock directed Ellie to take Richard to the hospital emergency room, he noticed Samantha Catty walking across the street. Samantha explained that earlier in the day, her pet Retriever “Oreo” had bitten the delivery man. Samantha, who was crying, said that the delivery man told her he was going to sue. She concluded by saying, “Oreo’s never done anything like this before. What am I going to do, Sheriff?”
Matlock, who hadn’t eaten for at least an hour, was thinking about dinner. He looked at Connie, Ellie, and Samantha and said, “Looks like civil problems to me. You all need to get lawyers.”
As Matlock proceeded down the street toward his favorite restaurant, he got another call. This time he was told that he was needed in a sparsely populated area on Farm to Market Road 453. When he arrived he saw Mel Meddler and Victor Scott engaged in a heated argument. Mel explained to Matlock that he was tired of the smell of Scott’s pig farm and he wanted something done about it. Scott explained that he and his pig farm were here long before any of the homeowners were. Matlock said, “Well guys, looks like a civil matter to me.” After Meddler and Scott went back to their residences, Matlock drove off.
As Matlock passed a particular point on the road, he winced. After all, a year ago he had been reaching for a donut and had accidentally run his police car off the road. The car hit an electric utility pole, knocking out the electricity for miles. A McDonald’s five miles down the road had lost its electricity and all of its ice cream had melted. The McDonald’s was planning on suing both Matlock and the Department for it losses.
Thoughts of the McDonald’s reminded Matlock that he was hungry, and he drove to his favorite restaurant. He sat down in a booth and began to read the Torts City Tattler. On the front page was a cartoon portraying a hippo dressed as a law enforcement officer. The hippo was entering a restaurant and was saying, “Let’s eat. Nothing but civil matters out there today.” The “cartoon” was actually a political advertisement paid for by Matlock’s rival in next year’s election, Danny Defame.
ASSIGNMENT: You need to identify the torts you find in this scenario – Number them out – for each tort, tell me what tort you think is being committed, by whom, and list any possible defenses.
HINT: There are over 25 torts/defenses found here.
Explanation / Answer
1. Ace Assault, made a cheap shot on Sterling, knocking Sterling into the Torts City cheerleaders on the sideline.
Intentional Tort committed by Ace.
2. Thurman had taken Webster into the old concession stand and was berating her loudly. Intentional Tort committed by Thruman
3. Before he had done this, however, he had taken Masons’ crutches and told her not to move.Intentional Tort committed by Thruman
4. Matlock walked into the concession stand and confronted Thurman. Webster, whose exit through the door had been blocked by Thurman.Intentional Tort committed by Thruman
5. Ellie calling her names like “shameless” and “hussy.”. Intentional Tort committed by Ellie
6. Matlock noticed that there were no barriers to keep Richard from accessing the trampoline. Negligence Tort committed by Connie
7.Samantha explained that earlier in the day, her pet Retriever “Oreo” had bitten the delivery man. Strict Laibility Tort committed by Sammantha
8. Mel explained to Matlock that he was tired of the smell of Scott’s pig farm and he wanted something done about it. Negligence Tort committed by Scott
9. As Matlock passed a particular point on the road, he winced. After all, a year ago he had been reaching for a donut and had accidentally run his police car off the road. The car hit an electric utility pole, knocking out the electricity for miles. A McDonald’s five miles down the road had lost its electricity and all of its ice cream had melted. The McDonald’s was planning on suing both Matlock and the Department for it losses.Strict Laibility Tort committed by Matlock
10. On the front page was a cartoon portraying a hippo dressed as a law enforcement officer. The hippo was entering a restaurant and was saying, “Let’s eat. Nothing but civil matters out there today.” The “cartoon” was actually a political advertisement paid for by Matlock’s rival in next year’s election, Danny Defame.Strict Laibility Tort committed by Danny
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