Reference no: EM13187251

Donald went shopping one evening at the local grocery store. He was running very late so was in a hurry to complete his shopping and get home. In his hurry he turned a corner quickly and ran into Patty's leg with his shopping cart. Patty fell to the floor. Although she left the store without any assistance, she later went to the hospital emergency room and had her leg examined. She was told by the medical personnel that she had no permanent injuries and over-the-counter medications would be sufficient. Three years after the incident Patty's injured leg was still in pain so she filed a lawsuit against Donald alleging negligence and demanding reimbursement for her medical expenses. She also demanded $50,000.00 in punitive damages from Donald. 

1. Identify the specific elements of the law of negligence that Patty must prove to recover any actual damages from Donald. Explain why those elements are critical to this situation.

2. Identify the best legal and factual arguments that Donald can use to defend against the claim of actual damages made by Patty. Explain why these arguments are pertinent to this situation.

3. Explain what punitive damages are and what facts the court will likely consider with regard to Patty’s claim to recover punitive damages from Donald.

4. If you were the trial judge in this case explain what decisions you would make as to the claims of Patty for actual and punitive damages and the defenses of Donald to both of these claims. Provide reasoning for your decisions.