ipl-logo

Prima Facie Case Brief Outline

581 Words3 Pages
bulb-icon

Recommended: California penal code for emotional abuse

I. Statement of Facts: The facts are as follows. Torry La Pierre was walking down main street on August 10, 2017 and took a shortcut through an alley. La Pierre then came across these bikers with the words “Live Free or Die” on the back of their jackets. The bikers surrounded LaPierre and called her derogatory names referencing terrorism/ middle eastern ethnicity. LaPierre was wearing an identifiable religious scarf. Joseph Browning is said to be the leader of the bikers, he proceeded to corner LaPierre and scream in her face for approximately fifteen- minutes. La Pierre has become sick with ulcers, depressions, loss of weight and insomnia, her doctors consider her trauma severe. II. Statement of Issue: (a)Under California law, is Joseph Browning liable for intentional infliction of emotional distress for leading a group of bikers to …show more content…

Discussion: (a) Yes, Browning is liable for intentional infliction of emotional distress as he met every element necessary. In Wilson v. Hynek, 207 Cal. App. 4th 999, 144 Cal. Rptr. 3d 4 (2012), it states that the elements of a prima facie case for the tort of intentional infliction of emotional distress are: (1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintiff's suffering severe or extreme emotional distress; and (3) actual and proximate causation of the emotional distress by the defendant's outrageous conduct. Browning’s actions were examples of extreme and outrageous conduct with the intent of causing emotional distress as they directly called La Pierre names and followed her for blocks. The doctors have diagnosed LaPierre with severe trauma after the incident which meets the second element, and finally, La Pierre would not have suffered any trauma if it were not for Browning inflicting severe emotional distress towards her which means his conduct is the actual and proximate cause of her

Show More
Related
525 Words | 3 Pages

DCA 1979): In the mentioned case, the court concluded that there is no bar to such an action when the conduct is so outrageous and extreme that it goes beyond the bounds of decency; Lay v. Roux Laboratories, Inc., 379 So. 2d 451 (Fla. 1st DCA 1980): In Lay v. Roux Laboratories, the court concluded that if ones conduct is outrageous and extreme in that it evidences a disregard for human life, then it is reasonable to say that there is a high probability that severe emotional distress will follow.

Read More
97 Words | 1 Pages

when Sue Sylvester learned that Mr. shuester had killed Titan she was very upset at losing her companion Ms. Sylvester has come to our office to ask if she can sue Mr. Schuester over the death of her beloved Titan I am considering filing a claim for intentional infliction of emotional distress. Please review the attached case, Ammon v. Welty, 113 S.W.3d 185 (Ky. App. 2002), assume it states the current law on the topic, and write an analysis of whether Mr. Schuester’s conduct meets the “intent” element of a claim for intentional infliction of emotional

Read More
853 Words | 4 Pages

Tuan Taruselli-Stormes Professor Monica Swaner English 102 February 20, 2017 A Rhetorical Analysis of “State of Oregon v. Kipland Philip Kinkel” October 16, 2002, P.J. Haselton filed court documents from the case of Kipland Philip Kinkel. This was a trial based on the 111 years and 8 months’ life term sentence Kinkel had received form an earlier trial for four counts of murder and 26 counts of attempted murder. Through this trial, they recapped the original trial, and deliberated over the evidence presented by Mr. Kinkel’s lawyers. Judge Haselton entertained the courts with their premises for grounds of inhumane violations of article I, section 15, and Article I, section 16, of the Oregon State Constitution.

Read More
160 Words | 1 Pages

Every human has rights to practice their religions. In this week’s reading, we read about the In Re Brown case. This case is about two felonies committed by the 20-year-old daughter Andrea, who shot her mother Mattie Brown, as she was only the eyewitness to the murder Andrea committed. She killed her own father by giving him a rat poison. Mattie brown was taken to the hospital.

Read More
1395 Words | 6 Pages

In a similar case of negligence it was determined that the person failed to keep another person unharmed and purposefully harmed them by doing something they shouldn't have. One law states that "It is illegal for anyone under the age of 21 to drink alcohol unless it is given by a parent or guardian and consumed in the home of the parent or guardian."(page:23). Since this Consumption law was broken, and Jessica Nordeen drank outside of her own home without her parent or guardians permission, she not only caused her own son to have permanent conditions he can't control but, she broke a law and possibly many others at the time. Case Law #4 states that "Whether a person has a responsibility to another person depends on the relationship between them and how clearly the danger or harm can be foreseen."(page:26).

Read More
588 Words | 3 Pages

You Will Be The Judge Facts: The case involves a 12 year old child named Griffin Grimbly who told the teacher that he was beaten with a clothesline by his father Mr.Gimli. In court, the Mr.Gimli argued that he was devoted to Christian and was following the Biblical injunction on child rearing, “Spare the rod and spoil the child”, as well as arguing that s 43 of the criminal code gives parents the right to use “reasonable force” in disciplining their children. Issue: Is Mr. Grimbly is guilty of or not guilty of assault ? Held: Mr.Grimbly is guilty of assault.

Read More
696 Words | 3 Pages

Procedural History: Goetz, defendant, was indicted by a Grand Jury on January 25 1985, for criminal possession of a weapon in third degree, possession the gun during the shooting, two counts for fourth degree criminal possession of a weapon, and possession of two other weapons. The Grand Jury also indicted him for attempt to the following, murder, reckless endangerment, and assault. He was dismissed for the charges of attempted murder and those that came from the shooting. On March 27, 1985, a second Grand Jury indicted the defendant for four charges for attempted murder, four charges of assault in first degree, one for reckless endangerment, and one for criminal possession of a weapon in the second degree on the grounds that new evidence became

Read More
774 Words | 4 Pages

Jessie Veyas recklessly discharged the firearm because she didn’t take reasonable actions to prevent the hallucinations, that are caused by her PTSD episodes. Also she committed animal cruelty because the horse was not displaying behaviors that would require self-defense. III. Facts Jessie Veyas is a police officer,and military veteran.

Read More
2538 Words | 11 Pages

Ms. Tesyev’s case is distinguishable from Placanica v. State because unlike the victim in that case, Chef Ablazey never claimed to be afraid or distressed. In fact, Chef Ablazey stated that he did not initially call the police because he is “used to dealing with people who don’t like him that much.” He also stated that he finally called the police because he could not afford to continue to have his car re-washed and re-waxed. Similarly, unlike the defendant in Kilby v. State, Ms. Tesyev was not attempting to contact Chef Ablazey at the restaurants, and Chef Ablazey stated that he saw Ms. Tesyev only once, while she was driving away. In this regard, Ms. Tesyev’s case more closely aligns with that of Moran v. State.

Read More
639 Words | 3 Pages

It It f It frustrates me what Dr. Anna Pou had to go through with the lawsuits of the Memorial Medical Center incident. As Healthcare professionals, being sued for making the rightful decision for the patient and the hospital is unjust. Healthcare professionals like Dr. Pou, have taken the Hippocratic oath, and one of the promises made within that oath is “first, do no harm”. Hospital’s should not be so quick to make such an important decision of pressing charges to their faculty; more trust should be placed in them. In addition, she made it clear her intentions were just to ‘‘help’’ patients ‘‘through their pain,’’ on national television.

Read More
322 Words | 2 Pages

Summary of Argument The evidence was sufficient for a reasonable jury to find Defendant guilty of endangering a welfare of a child within the meaning of the statute § 273(a) (CPC). The child endangering statute imposes criminal liability on a person who knowingly and willfully permits a child to be endangered while having care or custody of this child. Here, because of the evidence that Defendant was the main caretaker and babysitter of Isuru (the victim), and that she assumed this role willingly, it is sufficient to establish that the victim was in the care or custody of Defendant. In addition, the fact that Defendant did not report the abuse to authorities and did not act in defense of the victim establishes evidence that Defendant willfully

Read More
603 Words | 3 Pages

The plaintiff, Brian Martin was attending a high school graduation party on July 9, 2000, hosted by Lee Martin to celebrate his daughter’s graduation. While at the party, Brian Martin was attacked with a baseball bat by Chijoke Okere. As the night went on, there were about 70 people present. Although most of the guests were between the ages of seventeen and twenty, there were two kegs as well as other alcohol brought by guests. Martin admits he did have about six beers from the keg that night.

Read More
825 Words | 4 Pages

Pearson went beyond bounds by threatening and harassing Billings. To call this acceptable is frightening and frankly disgraceful. The jury’s decision determines the fate of not only CJ Pearson, but the community at

Read More
1722 Words | 7 Pages

She was emotionally very disturbed and socially withdrawn following the incident. In addition, she was also depressed with insomnia, poor appetite and had significant weight loss. She felt hopeless and worthless but not having suicidal ideation. Her decision for

Read More
693 Words | 3 Pages

This entails exercising care in handling or interacting with others. The plaintiff has the right to demonstrate legally recognizable past, present and future economic, pain and suffering caused by the injuries. The defendant equally has the right to raise several rightful defences to

Read More

More about Prima Facie Case Brief Outline

Related Topics

Open Document