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RunningHead: HILARY CASE1Hilary CaseAmber HowardLEG 107Professor Thomas NotoMarch 1, 2018
HILARY CASE2Hilary CaseThe Davis Hilary case is about a fifteen year old boy (Davis Hilary) who was attacked by Bobby Jones who is also a student while trying to exit the bus. Bobby Jones did prevented Davis Hilary from exiting the bus by holding him down and threatening him. There were medical bills that followed the incident, as well as mental distress. MemorandumSince Bobby intentionally harmed Davis the intentional tort of battery can be used for ourclients claim. Bobby did commit battery when he intentionally caused harm to Davis with offensive contact. Bobby did hurt Davis and there are sizable medical expenses, Davis should also be compensated for pain and suffering; which is why we will be perusing the case for tort damages as well. There should also be compensation for mental distress from the incident which is labeled as intentional emotional distress tort. We will have to prove that Bobby did perform theact to intentionally cause harm, injury, and damage to Davis(Goldamn & Cheeseman, 2017).I would like to reference Garratt v. Dailey case from 1955. A young boy Brian pulled a chair from underneath another student Ruth as she went to sit down. When Brian pulled the chairout Ruth fell and broke her hip. In return Ruth filed a law suit against Brian’s family because she felt that he intentionally moved the chair which resulted in her injury. The results of the case were $11,000 awarded in damages to Ruth. Brian’s family made the claim that a 5 year-old couldnot be liable for intentional tort and they appealed the case. After the appeal the court ruled that achild can be held accountable because Brian knew that his act could cause injury or harm to another person (Intentional Tort, 2015).
HILARY CASE3To prove intentional tort there must be a presences of intent, acting, and actual cause. The