Tort Case Problem
Randy is a sales clerk at Buy-Mart, a huge discount store. He works in the hardware and gun department. One day, Lee asks to look at a rifle. Randy unlocks the case and hands Lee the rifle he wanted to see. Lee examines the rifle, and tells Randy he will take the rifle and a box of bullets.
(1) Randy puts the bullets on the counter, and turns to ring up the transaction. While Randy is not looking, Lee opens the box, loads the rifle, aims, and shoots a lady who is walking with a man in the next aisle.
(2) Upon seeing his wife fall, the man clutches at his chest and has a heart attack.
(3) Lee aims at someone else, but Randy tackles him and knocks him down, spoiling his shot.
(4) The bullet ricochets off a metal beam and injures a boy. Randy and Lee struggle until Randy knocks Lee unconscious.
The store (5) security guard comes over and, in the heat of anger, kicks the unconscious Lee in the ribs. Randy can hear Lee’s ribs breaking.
(6) Randy and the security guard manage to lock Lee in a storage room until the police come. For some reason, the police do not arrive for two hours. Before they get there, Lee comes to and bangs on the door, saying he needs medical attention. The security guard tells Lee, “Be quiet or I will break more of your ribs.” Lee does not get released from the closet until the police arrive to arrest him.
(1) While Randy is not looking, Lee opens the box, loads the rifle, aims, and shoots a lady who is walking with a man in the next aisle: tort action by Lee as a assault for loading the rifle and start shooting and is personally liable for harm to the lady, compensatory and punitive; Randy puts the bullets on the counter, and turns to ring up the transaction: negligence by Randy in leaving the bullets in the counter leaving them free for Lee to take them and load them in the rifle to start shooting, potential lawsuit by the lady against Randy and Buy-Mart.
(2) Upon seeing his wife fall,...