Reference no: EM133215941

CASE BRIEFING ASSIGNMENT

Please read the mock judicial decision or "case", Freeman v. O'Malley, et al. below and then complete the two parts of the assignment that follow it.

Freeman case

Martin Freeman v. Barry O'Malley, et al., 13 S.E. 41 (N.C. Ct. App. 2020), North Carolina Court of Appeals.

Martin Freeman alleged in his Complaint that in 2014 he was a practicing physical therapist rehabilitating patients primarily recovering from ankle surgery. One of his patients was Mark Winneker, who recently had major ankle surgery where a plate and four screws were inserted into his ankle to try to put back a fractured piece of his ankle that had completely detached from the rest of his ankle. He also had a number of bone spurs removed, and a hole in his ligament filled with marrow from his pelvis.

Winneker went to Freeman for physical therapy approximately 3 months after his surgery. Barry O'Malley was Winneker's surgeon. After a month of physical therapy, Winneker felt a lot of pain and went back to O'Malley for a CT-Scan, which revealed that two of the screws had cracked in half. Winneker was very upset at the idea of possibly having to have another surgery.

After Winneker went home, O'Malley emailed him a picture of Freeman, which was one of 6 pictures of men with a label "convicted felons". Winneker was the only recipient of the email and he did not forward it to anyone else. Freeman, however, has never been convicted of a crime. When Freeman found out about the photo array, he filed a lawsuit against O'Malley and Winneker for the tort "false light". Freeman was seeking an injunction only.

The trial court dismissed Freeman's Complaint and Freeman appealed to this Court. This Court must decide whether O'Malley and Winneker's actions placed Freeman in a false light such that they are liable to Freeman. This question must be answered in the negative. The tort of false light imposes liability for highly offensive publicity placing another in a false light if the defendant knew that the matter publicized was false or acted in reckless disregard of the truth and the publicity given must be made to the public at large, not merely to one person. Applying this to the facts in the present case, it is evident that O'Malley disregarded the truth of the email he sent to Winneker. However, the email was only sent to Winneker and not to the public at large. Therefore, we hold that Freeman's lawsuit for the tort of false light fails. The lower court decision is affirmed.

Part 1:

First, you must create a written "case brief" for the Freeman case. Case briefing and legal analysis are explained in your textbook reading and handout for Week 1.

Below is a brief summary of what each part of a case brief means:

(1) Procedural facts - these are the facts that show how the case got to the particular court that it is in.

(2) Facts relevant to the legal issue - these are the facts that form the basis of the plaintiff's case.

(3) Rule - this is the law that needs to be applied by the court in the case.

(4) Issue - this is the question that the court needs to answer/decide.

(5) Reasoning - these are the reasons that the court gives for its decision.

(6) Holding - this is the final decision the court reached (who the court ruled for).

(7) Disposition - this is the appellate court's ruling on the lower court's decision.

Part 2:

Next, after you have created your case brief, in the same document, please answer the following questions regarding the Freeman case. Each question is worth ½ a point.

For each answer, you must:

(1) give the correct answer;

(2) give a correct and complete explanation

QUESTIONS:

1. Who is the Plaintiff?

2. Who is the Defendant(s)?

3. Is this a "civil" or "criminal" case?

4. Is this case dealing with "public" or "private" law?

5. Was the Plaintiff seeking "equity" in the case?

6. Was a "treaty" involved in the case?

7. In order for the Plaintiff to win his case, does he have to prove it "beyond a reasonable doubt"?

8. Was this case decided in an "adversary system"?

9. In the case citation, Martin Freeman v. Barry O'Malley, et al., 13 S.E. 41 (N.C. Ct. App. 2020), where is the case "reported"?

10. Continuing with Question 9, what do the numbers "13" and "41" stand for?