Reference no: EM132292023

The Happy Hour Sports Bar employed Bertha as a bartender. One evening, a young man entered he bar in an obvious drunken state, and demanded a beer. Bertha refused to serve him a beer, and offered to call him a cab to drive him home. The young man refused the cab, and demanded a beer in a loud voice. Bertha once again refused to serve him, and told him to leave the bar at once. He then became angry and began pounding on the bar with his fist, demanding a beer.

Without a further word, Bertha walked around the bar to where the man stood. She quickly put a head-lock and arm-lock on the man, then escorted him out of the bar and into the street, where she released him.

A few moments later, the man returned to the bar and demanded a drink. Bertha again walked around the bar and seized the man by the arm to escort him out of the building, but the man refused to move, and attempted to strike her with the fist of his free arm. Bertha avoided the swinging arm and seized it as well. She then pinned both arms behind the man’s back, and pushed him in the direction of the exit. Once through the door, she gave him a heavy push into the street, where he fell, striking his head against a parking meter. The man suffered a serious head injury as a result of the fall, and brought a legal action for damages against the bar owner and Bertha.

Discuss the type of case the man might take to the court, and the defences, if any, of Bertha and her employer. Render a decision.