Write a 1,500 to 2,000-word proposal for your client in which you discuss the following:
What are the potential torts involved that might affect your client?
What are possible defenses each defendant might assert?
How will each tort claim be resolved; i.e., who will win and why?
What damages will the prevailing party in each tort claim be awarded and how will the damages be calculated?Scenario:
William worked on commissions at BigBox Inc. (BigBox). Since, sales were declining, BigBox’
manager told the salespersons they needed to make more sales or the company was going to close.
William began trying to sell more products. He told several of his customers that the products in
which they were interested came with free five-year warranties. Because of this warranty, many
customers bought products they would not have otherwise purchased.
One day, a customer, Dave, asked to look at a pistol. William handed the pistol to Dave who
examined it and said he would take the pistol and a box of bullets. When William put the bullets
on the counter and turned away to ring up the sale, Dave took the bullets, loaded the pistol, and
shot a woman who was walking with a man in the next aisle. Upon seeing his wife shot, the man
had a heart attack.
Dave then aimed at another person, but William knocked him down, spoiling the shot. Dave and
William struggled until William knocked Dave unconscious. The store security guard came over
and kicked Dave in the side, breaking one of Dave’s ribs. William and the security guard locked
Dave in a storage room until the police came.
The police did not arrive for some time. Before they got there, Dave screamed at William and the
Guard saying he needed medical attention. The security guard told Dave, be quiet or I will break
another rib! Dave was not released from the storage room until the police arrived.
Two years after the shooting incident, some customers began having problems with their products
and called BigBox to have the products fixed under the extended warranties William said existed.
When the customers were informed that there were no such warranties, they were angry. One of
the irate customers filed a lawsuit against BigBox. When the manager found out about the lawsuit,
he fired William and demanded that William leave immediately. The manager had security escort
William out of the store in front of the other employees, who were shocked. When asked by the
other employees about what happened, the manager told them that William was fired for stealing for the company.