Assignment I- Case Brief: McCarty v. Pheasant Run , Inc. Essay

1075 WordsJan 7, 20145 Pages
Assignment I- Case Brief: McCarty v. Pheasant Run , Inc. Prof Lindsey Appiah Tort Law October 28, 2012 Summary of Case Mrs. Dula McCarty brought suit against Pheasant Run Inc. for negligence. In 1981, Mrs. McCarty was attacked by a man in her hotel room, beaten and threatened of rape. Mrs. McCarty ultimately fought off her attacker and he fled. The attacker was never identified nor brought to justice. Although Mrs. McCarty did not sustain serious physical injuries, she claimed the incident caused prolonged emotional distress which led to an early retirement. An investigation revealed that a sliding glass door, which was concealed behind curtains, was manipulated and enabled the attacker to gain entry into her hotel room. Mrs.…show more content…
In regards to the Mrs. McCarty’s sliding door, it was equipped with a lock and an additional safety chain. The safety chain was fastened but the lock was not used. This case had evidence of negligence but none of strict liability. There were reasonable precautions in place. Elements of Intentional Tort Tort law enables citizens to seek reimbursement for loss and or suffering from conduct that would be deemed dangerous or unreasonable of others (3). Tort law is non criminal and is dealt with in our civil judicial system. The categories of Tort Law include intentional tort, negligence and strict liability. An intentional tort case is proved by the plaintiff showing that the defendant intentionally injured him/her (1). In a negligence case, the plaintiff shows that the defendant did not act carefully as the law requires and therefore should be liable for any damages to the plaintiff (1). The strict liability cases occur when a plaintiff suffers damages even though the defendant acted carefully and with no intent of harm being done to them (1). During a trial the plaintiff will attempt to prove their case by the presentation of evidence to the trier of fact. The evidence usually includes testimony of persons involved; witnesses as well as physical things such as pictures, documentation/records, recordings etc… How a Defense is Triggered A common defense is that there was a superseding

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