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Claiming damages and compensation for tort of negligence and tort of battery

Question

Joe Student had been drinking heavily one winter's night at The Plaza, a popular campus bar. Student got involved in an argument with Bob Bartender, an employee of 011ie Owner, owner of the bar, when Bartender refused to serve Joe Student any more drinks. Student, intoxicated, said to Bartender, "If you weren't a friend of 011ie's, I would break your skull," and while saying this, Student leaned over from his side of the bar. As Student leaned forward, Bartender instinctively gave a push at Student, knocking him to the floor. Student landed on his right arm and lower back when he fell.

At Bartender's instruction, two bouncers took Student into the men's room, doused his face with cold water, and locked him in the room for an hour to sober him up. Student was so drunk that he just sat in a chair in the men's room until the bouncers picked him up and walked him to the door. It was obvious that Student was not yet sober because he fell on his way to the door. The bouncers then pushed him out the door into the cold weather, where he slipped on the ice and fell as he started to walk down the street. Student landed on his right arm and lower back when he fell.

Student finally made it back to his apartment where he passed out. When he woke the next morning he had severe pains in his right arm and lower back. He went to the emergency room at University Hospital, where he learned that he had a broken arm and a fractured pelvis. He had to stay in the hospital for three weeks. He was not able to return to his job at the Law Library for six weeks, and he had to drop all of his courses, for which he had already paid tuition. Unfortunately, the tuition was non-refundable. After the incident, Joe developed serious mental problems. He was unable to sleep at night, and had trouble concentrating.

Analyze and evaluate Joe's potential cause(s) of action against the Plaza Bar and its employees.

Summary

This is a review question which is about a student getting heavily drunk in a bar and threatening the bartender is thrown out of the bar. The throwing out, lead to the student falling off and leading to arm and pelvic fractures. The student was hospitalized and he needs assistance in filing damages suit against the bartender. The responsibility of treating a customer and the damages there upon on the bartender have been discussed in the solution.

Total Word Count 410
 

 

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Comments

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    Giuseppe

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