23 May HOW YOU THINK THE CLAIM WILL BE RESOLVED, STATING LEGAL REASONS FOR YOUR ANSWER
Business Law: Tort action, plaintiffs, elements for Anna loss of her leg
Help write a synopsis for each scenario in which you answer the following statements:
o What tort actions do you see
o The identity of potential plaintiffs
o The identity of potential defendants and why you see each one as a defendant
o The elements of the tort claim that constitute the plaintiff’s claim
o Any defenses you think defendants might assert
o How you think the claim will be resolved, stating legal reasons for your answer
Scenario: Anna orders a meal in an Italian restaurant. After her food is served, she takes a bite and cries out in pain. She has bitten down on a piece of glass. Upon hearing Anna’s cry, another waiter who is pouring wine at a nearby table spins around and bumps into Anna’s waiter, who is carrying a flaming dish. The flaming dish tilts onto Anna’s waiter, and his apron catches fire. He rips it off and casts it aside, where it ignites another tablecloth. People start screaming and run for the door, but because it is a revolving door, only one or two people can leave at a time. An old lady is trampled by the crowd and is seriously injured. Several other patrons suffer smoke inhalation and burns, but finally, everyone is out.
When the ambulances and fire engines arrive, Anna is among those transported to the emergency room. Her mouth is bleeding profusely, and she is becoming weak. The emergency room doctor tells Anna that immediate surgery will be necessary to stop the bleeding and save her tooth. She is immediately prepped for surgery. While she is unconscious, the surgeon mistakes her for another patient and amputates her right leg.
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