Paul has sued both Dina and Mary, alleging four tort causes of action; assault (against Dina); battery
Question:
Paul has sued both Dina and Mary, alleging four tort causes of action; assault (against Dina); battery (also against Dina); negligent representation (against Mary, for telling Paul not to worry); and vicarious liability (against Mary for the tort of the minor child under her care and control).
PLEASE answer the following question.
- Is Paul entitled to recover on his claim against Dina for: Assault? Why or why not? Battery ? Why or why not?.
2. Is Paul entitled to recover against Mary for negligent misrepresentation? Why or why not?
3. On the ground that Mary is vicariously liable for Dina's conduct because she is her mother and is under her care and control? Why or why not?
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SCENARIO
Dina is 12 but looks 18. She lives with her mother, Mary, in a state having an eighteen-year-old majority. Dina's schizophrenia diagnosis and aggressive, delusional behavior have been known to Mary for years. She's upset their neighbors, but she's never injured, anyone. Dina stops taking her anti-psychotic medicine without Mary's awareness. Mary understands the prescription reduces Dina's violent behavior, but she's too busy going to night school at Webster to monitor her dosage.
Dina contacted Paul, their new neighbor, two weeks after she stopped taking her medicine. Dina yelled, "I know you're out to get me and I'm going to get you first," and rushed away when she was face-to-face with Paul. Paul was untouchable. Paul is huge and a former Marine, so even though Dina appears older than she is, he didn't take her threat seriously.
Paul, who didn't realize Dina had a mental disorder, called Mary to report the event. Mary informed Paul, "Dina has sometimes says strange things, but I don't think she will try to hurt you and I assure you that this will not happen again." Paul didn't avoid Dina because he trusted Mary's words.
Mary reprimanded Dina and inquired whether she was taking her medicine. Mary never confirmed Dina's claim.
Two days after confronting Paul, Dina observed him sweeping leaves between their homes. Dina rode her bicycle right towards Paul. Paul dove to one side after Dina swerved. He was concussed after hitting his head on a rake.
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts