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Tort Paper

In: Business and Management

Submitted By kcpaiz2
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In this scenario several instances occurred to where one could file a suit. Intentional tort, Lee who is a customer of Buy-Mart begins shooting innocent shoppers with a rifle he is planning to purchase. One of Lee’s victims is a lady walking along with her husband in the next aisle over. As she falls to the ground her husband has a heart attack. A boy is also injured by a metal beam from the bullet ricochets but was unintentional; this is considered as an unintentional tort. Then the tort of outrage is also noticed in this scenario because once Buy-Mart’s security guard begins kicking Lee’s ribs while he was unconscious. The plaintiffs in this scenario are the lady who was shot by Lee and her husband who had the heart attach, but if her husband died his wife could bring a wrongful death suit to recover the damages suffered from both Lee and Buy-Mart. For the reason that, her husband gets a heart attack from witnessing his wife being shot from Lee while he was purchasing the rifle. The lady could also file a suit for Negligent Infliction of Emotional Distress because she saw her husband die which causes her distress as well as battery from being hit by Lee’s bullet. The parents of the boy who got injured could also file a suit for negligence on Buy-Mart because one of the store’s employees working on behalf of Buy-Mart acted negligently for setting a box of bullets on top of the counter during Lee’s transaction. Lee could also file an assault and battery suit towards Buy-Mart because Randy tackles Lee and knocks him down then when the security guard kicks Lee breaking his ribs while he was unconscious. (University of Phoenix, 2010) Buy-Mart like the James v. Meow Media, Inc case, their defense may be unforeseeable because it was impossible to predict that by Randy setting the bullets on top of the counter during Lee’s transaction that Lee was going to load the rifle…...

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