: Daniel and his son Ruben, age 8, go to a football game. The quarterback drops
back to throw a pass, and is hit by an opposing player, breaking the quarterback’s arm, and
sending the ball into the stands, injuring a fan. The referee calls this an incomplete pass, which
upsets Malik, a fan seated next to Ruben. Malik jumps up to yell at the referee, spilling his cold
beer on Ruben. Daniel is upset to see Ruben’s enjoyment spoiled this way, and shoves Malik.
As Malik falls, he grabs onto the railing, which gives way under his weight. Malik’s face hits the
aisle steps, knocking out two of his front teeth. An usher takes Malik to the first aid station.
On their way out, Daniel stops at the concession stand to buy two diet soft drinks. A lady
standing in line at the concession stand smells the beer on Ruben, and she starts yelling at
Daniel, accusing him of giving beer to a child. She makes a huge scene, and several customers
cast disgusted glances toward Daniel. One of them is Daniel’s boss, who tells him he does not
want anyone working for him who would give alcohol to a child, and that Daniel is fired.
Meanwhile, the concession worker gets distracted by the scene in front of him, and accidentally
gives Daniel two regular, sugary soft drinks instead of diet drinks. Daniel and Ruben drink the
soft drinks as they exit the stadium. Just as Daniel and Ruben arrive at their car, Malik and his
wife appear behind them. Malik is pointing a gun at Daniel. The gun is not loaded, but he wants
to scare Daniel. Unfortunately, Daniel has a concealed weapon and, believing himself
threatened, shoots Malik. Malik’s wife starts screaming and phones for an ambulance and the
police. Before the police and ambulance arrive, Daniel slips into a diabetic coma.
• What tort actions do you see
• The identity of potential plaintiffs
• The identity of potential defendants and why you see each one as a defendant
• The elements of the tort claim that constitute the plaintiff’s claim
• Any defenses you think defendants might assert
• How you think the claim will be resolved, stating legal reasons for your answer
Rubern v. Malik
Malik injured him by spilling beer on him, but it was accidental and he