Assignment: Torts We are living in unprecedented times is a phrase that we became quite familiar with
Question:
Assignment: Torts
"We are living in unprecedented times" is a phrase that we became quite familiar with during the pandemic. One and a half years following the onset of Shelter-In-Place, we saw the many ways in which society changed from pre-COVID times. For the first time in history, a global epidemic caused human society to adjust concurrently across the globe. Economic activity was stalled for the global economy, with entire countries having closed their borders to international travel, and all states having declared shelter-in-place orders for residents at some point in time since 2020, with masks becoming commonplace.
As we reopen and get "back to normal," let's look at some factual happenings and apply what we learn in this chapter to some of those events.
Torts and the Pandemic
Provided below are some factual happenings that occurred during the pandemic's onset. Apply what you learn in this chapter on torts, as you read each event and analyze.
1 - In New Jersey, a man was criminally charged for several offenses for allegedly coughing on a food store employee and telling her she had coronavirus.A news release from the Office of the Attorney General of New Jersey provided details about this incident, which occurred on Sunday, March 22, 2020, at Wegmans, a supermarket. There, the man had been asked by a store employee to maintain some social distance and step back, as he was too close to the employee who was handling some food. Allegations provide that, instead, the man stepped forward, leaned in, purposely coughed, laughed, and told the employee that he was infected with coronavirus. Allegedly, he also later told two other store employees that they were lucky to have jobs. Assume the allegations are true. Does the first store employee have a viable tort claim against the man? If so, what cause(s) of action could the employee potentially argue? (Focus on tort law, not criminal law, which we will cover in the next chapter.)
2- In Pennsylvania, a woman played a "twisted prank" when she purposefully coughed on about $35,000 worth of food. Multiple media outlets covered the incident, which occurred on Wednesday, March 25, 2020, at Gerrity's, a local grocery store. A co-owner of the chain provided, "A woman, who the police know to be a chronic problem in the community . . . proceeded to purposely cough on our fresh produce, and a small section of our bakery, meat case and grocery." As store employees ordered the woman to leave the store, the woman continued to cough on produce and attempted to steal a 12-pack of beer. Assume the allegations are true. Do the store employees have a viable tort claim again the woman? If so, what cause(s) of action in tort could potentially be argued in court?
3- In California, an Amazon delivery driver was caught on camera spitting on his hand and wiping his saliva on the package he was dropping off. Based on this video, discuss whether Mr. Martinez, the package recipient, has any viable tort claims. Does Mr. Martinez have a viable tort claim against the Amazon delivery driver? If so, what cause(s) of action could Mr. Martinez potentially argue?
Youtube video : https://www.youtube.com/watch?v=AHcasMqfKaQ
4. Now analyze the situation like a Tort claim. Assume that Mr. Martinez goes and files a negligence claim against Amazon.
(a) Mr. Martinez argues that Amazon owed him a duty. What would he argue that this duty is?
(b) Mr. Martinez argues that Amazon breached this duty. What would he argue as the breach?
(c) Mr. Martinez argues that Amazon's conduct caused his injury. How?
(d) Assume further that the Amazon delivery driver never had COVID-19 and that Mr. Martinez never contracted COVID-19. Although Mr. Martinez did not contract COVID-19, Mr. Martinez states that he suffered substantial emotional injuries due to stress and fear that he and his family had contracted COVID-19 after watching the security cam footage. Now determine -- is this a legally cognizable claim? Why or why not?
5. To receive full credit, you must comment on one of your classmates' submissions. Specifically, take a look at their submission to Question 4, and comment about whether you agree or disagree with them, and why.
6. PARTICIPATION CREDIT. Which concepts in this chapter were the most challenging for you to learn, if any?
Expert Answer:
Introduction To Systems Analysis And Design
ISBN: 9780073402949
1st Edition
Authors: Jeffrey Whitten, Lonnie Bentley
