Annie, an 18 year old college freshman, attended an off-campus party.  She consumed several alcoholic drinks at the party.  Someone at the party said they needed more ice.  Annie volunteered to go to the store.  She got in her car and began driving to the store.

Annie arrived at the store, Quick-E-Mart.  She was stumbling while walking around the store due to her alcohol consumption.  She walked to the ice box and slipped and fell on water on the ground.  Annie was badly injured.  The water on the ground was due to the ice box being unplugged causing all of the ice to melt and pool on the tile floor.  The water had been melting onto the ground all day and the store owner knew it but didn't put a sign in the area because he only had one sign and needed it for another area of the store.

Ben is a 55 year old truck driver with over twenty years of experience in the truck driving industry.  He was transporting nuclear materials from Maryland to Delaware at the request of his employer ABC Trucking, Inc..  Ben was traveling 40 miles per hour in a 45 mph zone which was reasonable given the traffic and weather conditions.  Ben began to slow for an upcoming red traffic light when suddenly and without warning, Ben's brakes failed causing Ben's truck to crash into a light pole.  As a result of the collision, Ben's truck overturned and released the nuclear materials resulting in substantial property damage to a nearby store. Ben exited the truck and stood on the sidewalk and called the police.

At the same time, Annie was on her way back to the party from the gas station.  She was making a Tik Tok and not paying attention and was speeding.  She looked up and saw Ben's overturned truck and swerved to try to avoid crashing into it.  Unfortunately, she swerved onto the sidewalk where Ben was standing and struck him with her car which killed Ben

Ben's family files a civil lawsuit against Annie alleging Negligence and the Intentional Tort of Battery.

The store which sustained property damage files suit against Ben's Estate and Ben's employer, ABC Company.

Annie files a civil lawsuit against Quick-E-Mart for her injuries suffered due to the fall at the store.  

1. Analyze whether Annie would likely be found civilly liable to Ben's family for the tort of battery or for the tort of negligence.  Describe all elements of each tort and discuss whether they were present at the time of the offense.
2. Analyze whether Ben's Estate and/or ABC Trucking would likely be found civilly liable to the store owner for the damage it suffered.  You must identify under which theory/theories of liability the store owner would be most likely to recover and describe the basis thereof.
3. Analyze whether Quick-E-Mart would likely be found civilly liable to the Annie for the damages she suffered as a result of the fall.  Discuss all elements of the tort of negligence and discuss and whether any defenses would apply.

Answer rating: 100% (QA)

1Annies Civil Liability to Bens Family Tort of Negligence Duty Annie owed a duty of care to others on the road including pedestrians like Ben Breach A... View the full answer