Law Homework Help

Intentional Torts battery and Infliction of Emotional Distress Case Discussion

 

Reply to the following prompt on intentional torts

DAVE works in an office with PAT, the elderly wife of a pastor at a local church. PAT was going to have a birthday and, as is the custom at their place of work, several office employees, including DAVE, take PAT to lunch.

At the restaurant during PAT’s birthday luncheon, PAT wore a yellow hat and sat at the head of a long table. Unknown to everyone else, DAVE arranged for a male stripper to attend the luncheon and dance to taped music while suggestively undressing in front of PAT. DAVE called the business that supplies male strippers and requested that a stripper be provided who would “give her a thrill”. DAVE paid the stripper’s fee.

During the birthday meal, a handsome man appeared and, as the taped music began to play, he began to dance near PAT while taking off his clothes. He continued to disrobe down to a very small undergarment covering only his genitals. He removed PAT’s yellow hat and placed it on his own head. While the music continued to play, he danced close to PAT and accidentally touched her twice, very lightly. The others present were amused by the performance, including the restaurant staff who gathered in a crowd at the room’s exit. PAT remained seated and absolutely still during the entire performance.

PAT now states that, since she was “trapped and surprised” at her birthday luncheon, she has not been able to eat or sleep well, and that she suffers from nightmares about the event. She asks what tort causes of action would assist her.

Discuss: PAT vs. DAVE