Reference no: EM133671430

Problem

Prompt:

Jamar recently immigrated to the United States from Burundi. Growing up, he was very poor and had never watched a baseball game. The guys at work were excited about the possibility that the local team might actually have a chance to win some games this year and talked a lot about the upcoming games at work. One of Jamar's new friends at work, Ralph, invited him to attend a Detroit Tigers game at Comerica park to show him how fun a game could be. Ralph was able to get great tickets, just a couple of rows from the field along the first base line.

During the game, one of the Chicago White Sox players, Andrew, hit a hard ground ball straight at third base. The Tigers' third baseman fielded the ball easily and threw to the first baseman. Andrew raced quickly to first base, sure that he was safe. Regardless, the first base umpire loudly proclaimed that he was "OUT!" as only an umpire can do. Andrew angrily began to protest and became more animated. In a moment of frustration, he rips his batting helmet off of his head, slamming it onto the ground. The force of this hard, plastic helmet slamming onto the ground caused it to bounce off the ground and ricochet into the stands, striking Jamar on the side of the head. Immediately blood began gushing from this wound and Jamar fell unconscious with a serious head injury.

Jamar never saw the helmet coming at him because he was checking out the crowd and the stadium instead of paying attention to the game when the incident happened. Since Jamar had never watched or played baseball before, he did not know that he needed to pay attention to the game in case an object, such as a ball (or in this case a helmet) flew into the stands during the game.

Fred who was sitting in the row behind Jamar and Ralph immediately took his sweat soaked shirt off and attempted to stop the bleeding before the Comerica Park officials could call an ambulance. Jamar was taken to the hospital where he was treated for a severe concussion and a blood infection that doctors think may have come from Fred using his dirty shirt to apply first aid.

Use IRAC to respond to the following three questions. Use a separate IRAC analysis for each tort or act of Negligence that you identify.

Assume that Jamar wants to sue the baseball player, Andrew. Please identify and discuss at least three potential tort claims that Jamar can reasonably sue Andrew for based upon the scenario above. Then, discuss any defenses that Andrew can bring. Finally, conclude why the defense is likely to be or likely not to be successful.

Next, assume that Jamar wants to sue his coworker, Ralph, for Negligence for bringing failing to warn Jamar of the dangers before bringing him to the game. Please analyze whether Jamar will likely be successful in his tort claim of Negligence against Ralph. Then, discuss any defenses that Ralph can bring. Finally, conclude why Ralph's defense is likely to be or not to be successful.

Last, assume that Jamar wants to sue Fred for causing a blood infection when he used his sweaty, dirty shirt to try to stop the bleeding while Jamar was unconscious. Analyze Jamar's tort claims for battery and negligence against Fred. Then, discuss any defenses that Fred can bring. Finally, conclude why the defense is likely to be or likely not to be successful.