Ira Innocent suffered serious injuries as a passenger in a car accident caused by Daniel Dozer, the driver, who fell asleep at the wheel after working long hours and drinking alcohol. A bystander, Sarah Samaritan, pulled Ira from the burning car but was unable to save Dozer and later died from her own injuries trying to help. During transport to the hospital, Ira suffered third degree burns when an EMT's cigarette ash fell on his oxygen-administering sleeve. Ira is unable to return to sports due to his injuries and seeks damages from Dozer, the EMT, and others.
Ira Innocent suffered serious injuries as a passenger in a car accident caused by Daniel Dozer, the driver, who fell asleep at the wheel after working long hours and drinking alcohol. A bystander, Sarah Samaritan, pulled Ira from the burning car but was unable to save Dozer and later died from her own injuries trying to help. During transport to the hospital, Ira suffered third degree burns when an EMT's cigarette ash fell on his oxygen-administering sleeve. Ira is unable to return to sports due to his injuries and seeks damages from Dozer, the EMT, and others.
Ira Innocent suffered serious injuries as a passenger in a car accident caused by Daniel Dozer, the driver, who fell asleep at the wheel after working long hours and drinking alcohol. A bystander, Sarah Samaritan, pulled Ira from the burning car but was unable to save Dozer and later died from her own injuries trying to help. During transport to the hospital, Ira suffered third degree burns when an EMT's cigarette ash fell on his oxygen-administering sleeve. Ira is unable to return to sports due to his injuries and seeks damages from Dozer, the EMT, and others.
Ira Innocent suffered serious injuries as a passenger in a car accident caused by Daniel Dozer, the driver, who fell asleep at the wheel after working long hours and drinking alcohol. A bystander, Sarah Samaritan, pulled Ira from the burning car but was unable to save Dozer and later died from her own injuries trying to help. During transport to the hospital, Ira suffered third degree burns when an EMT's cigarette ash fell on his oxygen-administering sleeve. Ira is unable to return to sports due to his injuries and seeks damages from Dozer, the EMT, and others.
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Part II - Essay
Courtesy of Professor Kaufman
Part II Essay (50 points)
Ira Innocent is a professional athlete, married with two young children. He received serous injuries, including multiple fractures and a concussion, when Daniel Dozer, the driver of the car in which Ira was a passenger, fell asleep at the wheel. The vehicle veered of the roadway, crashed through the barrier along the side of the road, careened down a non-traversable embankment and crashed in a V-shaped ditch at the bottom.
Sarah Samaritan saw the car as it crashed. She ran to the scene and successfully pulled Ira from the car. Just then, the car’s gasoline tank ignited enveloping the car in flames. Despite the flames, Sarah attempted to extricate the driver, but was unsuccessful. Daniel Dozer died in the car. Sarah suffered serious burns and, after three months in the hospital’s intensive burn unit, died of her injuries. Sarah was the single mother of three; she worked as a freelance photographer.
Ira and Sarah were transported to the hospital in separate ambulances. En route to the hospital, Penny Puffer, a medical technician, who had been working for fifteen hour straight, felt a craving for cigarette. As she puffed on the cigarette, an ash fell on to Ira’s sleeve and immediately ignited due to the fact that oxygen was being administered to him. Ira suffered third degree burns on his arm.
The evidence at trial established that Daniel Dozer had been working eighteen hours days at his law firm for the week prior to the accident. He had consumed three glasses of wine shortly before getting behind the wheel, which put him over the statutory alcohol blood level limit. Ira Innocent did not know that Daniel had been drinking Ira’s injuries (both the fractures and the burns) have prevented him from returning to professional sports.
Evaluate the claims suggested by these facts. Be certain to separate out the claims, identify the parties, and specify the type(s) of damages recoverable in each claim and who is responsible for those damages.
Ira v. Dozer—Battery
Issue: The issue is whether Ira has claim for battery against Dozer when Dozer sleep asleep at the wheel seriously injuring Ira?
Rule: 1. Single intent—intent to touch OR Dual intent—intent to touch and for it to be harmful or offensive Desired/wanted consequence to result Knew with substantial certainty the consequence would result Transferred intent applies 2. Harmful OR offensive contact Harmful—bodily contact is harmful if it causes impairment to the (P) physical condition, physical pain or illness Offensive—bodily contact is offensive when it offends a reasonable sense of personal dignity 3. With the (P) person Person means anything for connected with the (P) body as to be customarily regarded as part of the (P) person. Extension of the plaintiff’s body Ex. Handbag, Clothes, Desk (P) is sit at
Application: The (D) knew with substantial certainty that the consequence would result as he was working 18-hour work days and had consumed 3 glasses of wine shortly before getting behind the wheel. The accident was harmful as it resulted in the (P) serious injuries--multiple fractures and a concussion. And the (P) body aka the (P) person was directly affected by the battery.
Conclusion: Ira has a viable claim for battery against Dozer.
Ira is entitled to nominal damages as well as economic damages as her injuries was not trivial harm or offense but physical bodily harm. Ira is entitled to (1) lost wages, medical expenses, and earning capacity.
(D) can avoid liability if Ira (P) fails to prove any one of the essential elements for battery or if Dozer can prove either an affirmative defense or a privilege.
(D) can claim the privilege of consent. (D) can claim actual consent because the (P) did not oppose (D) conduct OR (D) can claim apparent consent because (D) reasonably believes (P) consented to the conduct. (D) estate can say that (P) knew he was drinking because she found a wine bottle in the passenger seat and the car smelled like wine and during the incident report, (P) acknowledged that (P) said nothing to the driver.
Ira v. Dozer—IIED
Rule: (1) Intent to bring about emotional distress (desired/ wanted, knew) OR recklessness Transferred intent applies: 1. Bystander is family member whose presence is known to the (D) 2. Bystander whose presence is known to (D) and suffers bodily harm (2) Extreme or outrageous conduct Physical force Threatened with physical force to (P) or 3rd party Actual or apparent barriers (3) Severe emotional distress Must show causal connection between (P) emotional distress and (D) actions. Physical symptoms not required to prove severe emotional distress Physical or psychological manifestations of severe emotional distress, nightmares, evidence of medical treatment, diagnosis, duration and that it impedes with day to day functioning.
