TORT STORIES

Tort Stories
Extra credit assignment
This assignment is simple.
Up to 50 points
A discussion board Assignment
http://www.abajournal.com/topic/tort+law

Follow these steps:
1. Read ALL of these instructions thoroughly and carefully before you begin. Click on the above link to the ABA
Journal tort law stories. Peruse the list of 4793 tort law stories. After scrolling around the list and considering
the huge assortment of topics, find one that you like and are inspired to share with your classmates. (I noticed
some real winners on pages 5, 6, 7, & 8.) When choosing a story, carefully consider how it will fit into the
parameters of the required format. Will the facts be easy to summarize? Can you explain what happened
easily? Will your classmates be engaged and informed?

2. Look through the subject lines in the “Tort Stories” DB Forum. Make sure that that the story you have chosen
for your own has not been selected and claimed by another student. If it has, then go and find another one. If
you repeat a story that has been chosen by another student, you will receive zero credit for your work. Bb time
and date stamp control. You can go back and edit and complete your story after “saving and claiming” it by
naming your thread with the title of your story.

3. Very important: Name your thread with the exact title of the story.

4. Summarize your special chosen “Tort Story” using the following format and include a link to your story.
In the body of the post:
b. Explain the conflict and/or damages that gave rise to the tort claim involved.
c. Describe the tortious conduct that is alleged by the plaintiff, the complaining party, or other aggrieved
individual(s).
d. Provide the facts that are asserted as a defense against the plaintiff’s claim (if any such facts exist).
Here is an example of the assignment using the proper format:
Beginning of Example:

Name of thread:
Lawyer sues after choking on Popeye’s chicken, blames failure to provide knife

Include link to article: (THIS IS CRUCIAL – NO LINK > NO GRADE)
http://www.abajournal.com/news/article/lawyer_sues_after_choking_on_popeyes_chicken_blames_fail
ure_to_provide_knif
The story I chose is based on the following facts:
A Mississippi attorney choked on a piece of Popeye’s chicken. He claimed that the fast food restaurant had a
legal duty to provide a knife to him and to all customers in order to cut the food into small enough bites so that
the food could be consumed safely. He claimed that the expectation of Popeye’s that customers could safely
take a bite off of a whole piece of chicken was not reasonable and created a foreseeable hazard for customers
to choke on their food. Mr. Newton claims that the “spork” that was provided with the drive-through meal was
not sufficient to ensure the safe consumption of the products purchased at Popeye’s.
The conflict and/or damages or wrongful conduct that gave rise to the tort claim involved:
Attorney Paul Newton, Jr. claimed that he had to have surgery to remove a piece of Popeye’s chicken that
became lodged in his throat. His contention was that Popeye’s knew, or should have known of the danger
posed by serving big pieces of chicken along with its failure to provide a knife. Additionally, the plaintiff
claimed that the low cost of correcting the problem, i.e. providing a plastic knife, demonstrated how easily the
issue could be fixed and could potentially save lives but that Popeye’s was negligent or greedy in not doing so.
The tortious conduct that is alleged by the plaintiff, the complaining party, or other aggrieved
individual was:
Selling a dangerous product (big pieces of chicken) that could foreseeably harm consumers and could easily
be remedied by providing a plastic knife along with the “spork.”
The defense against the plaintiff’s claim (if any is alleged) was:
No defense to the claim was discussed because the suit was dropped shortly after being filed. The Plaintiff
says he dropped the suit because of the vicious attacks on his family in online postings. Mr. Newton did say
that he was hopeful that Popeye’s would change its policy as a result of the publicity of the lawsuit.
Fun fact: My husband had to have surgery to remove a piece of chicken from his esophagus last year. He was
eating at home and was in a hurry to go somewhere, so he gulped his food down. Had he been so inclined, he
had access to a knife and also could have chewed his food more thoroughly to avoid injury – I believe that he
caused his own damages, due to his own negligence and failure to exercise care in the consumption of his
chicken; no tort liability here. . . Just sayin’
End of example.
Remember: Make sure that that the story you have chosen for your own has not been selected and claimed by another
student. If you repeat a story that has been chosen by another student, you will receive zero credit for your work. Bb
time and date stamp control.
Post (mandatory to receive any credit for assignment): 35 points
Replies: Three replies are required for maximum credit – 5 points each
50 points maximum total
You must post an original submission by the due date or you will not receive credit. No “replies only” submissions. You
must post a unique Tort Story to receive credit for this assignment.
If you have questions, please post them in the Questions and Help Forum so your classmates can share in the discussion.
Enjoy!