Case Study

1. Slip and Fall

You work in an office that represents Mr. Floyd, who slipped on a wet floor inside the door of a local supermarket. He wants to sue the supermarket due to injuries he received as a result of the fall. You are asked to conduct the initial interview of Mr. Floyd and investigate the facts of the case. What questions would you ask in order to obtain a specific and comprehensive picture of what happened?

2. Garratt v. Dailey

In chapter 5 you read an excerpt from Garratt v. Dailey 279 P2d 1091 (1955). Based upon what you learned in this learning plan, discuss each of the following questions:

• Suppose that Brian Dailey was not aware of the presence of Ruth Garrett until he heard her fall just after he took the chair. Would he have had the required intent for battery under the guidelines of Garratt v. Dailey?
• Two three-year-old children are standing on the edge of a bed. One says to the other, “Don’t push me off.” The other says, “I will so,” and does so. Has there been a battery under the guidelines of Garratt v. Dailey?
• Smith is an adult who suffers from severe paranoid schizophrenia that involves delusions of persecution, grandeur and auditory hallucinations. He hits a stranger with a stick because he believed the stranger was Hitler coming to harm him. Has there been a battery under the guidelines of Garratt v. Dailey?

3. Jim v. Leo

Jim is soliciting religious contributions in Leo’s department store. Leo tells Jim that this is not allowed in the store. Jim continues his solicitation for another 20 minutes. Leo and four of his security guards surround Jim and tell him to come to the manager’s office. Jim does so. In the manager’s office, Leo shouts at Jim and tells him, “You’ve got thirty seconds to get out the back door.” Jim leaves and later sues Leo for false imprisonment. Discuss Jim’s chances of winning.