On Saturday, January 20, 2020, at 8 am, Jessica Pearson was running through Assiniboine Park listening to music on her phone as she completed the last stretch of her 10km morning run.  It was a rough grind, and her first run breaking in a brand-new pair of trail runners. 

As Jessica ran by a large field section in the park designated for team sports, she was struck in the side of the face by a soccer ball.  Ned Stark had kicked the ball.  Ned plays in a competitive soccer league that uses Assiniboine Park every Saturday morning starting at the beginning of April.  In preparation for the season and for the obsessive love of the sport, Ned's team was playing another team in the league that morning (despite there still being snow on the ground). 

As Jessica reached her hand up to the location of her face that was struck, she lost her balance and slipped on the ungroomed running path she was on at the time.  Jessica was knocked unconscious from the fall.  She woke up later that day in St. Boniface Hospital.  The doctor told her that she would be off work for two months (undermining her ability to make her target billable hours for both months) and that her short-term memory will only be at 50% capacity for the rest of her life.  Jessica is a lawyer and partner (owner) of a prestigious law firm downtown. Accordingly, she is very worried about the future of her career. 

A senior partner in your law firm has asked for a case study of the scenario to assess the legal merits of any potential litigation.
Correctly identify the plaintiff(s) and defendant(s).

1. What tort will best serve Jessica's goal of taking care of her future?
2. Precisely what will Jessica have to prove in order to win a lawsuit? Apply the correct legal test (intentional or negligence).
3. What defenses might allow the defendant(s) to avoid liability?

Answer rating: 100% (QA)

aIn this scenario Plaintiffs Jessica Pearson Defendants Ned Stark and possibly the soccer league org... View the full answer