Sharon Yeagle was an assistant to the vice president of student affairs at Virginia Tech. As part of her duties, Yeagle helped students participate in the Governor's Fellows Program. The Collegiate Times, Virginia Techs student newspaper, published an article about the University's success in placing students in the program. The articles text surrounded a block quotation attributed to Yeagle with the phrase "Director of Butt Licking" under her name. Yeagle sued the Collegiate Times for defamation. Does she have a case? What is the defense of the news paper?
2. Richard is an employee of the Dun Construction Corp. While delivering materials to a construction site, he carelessly backs Dun's truck into a passenger vehicle driven by Green. This is Richard's second accident in six months, when the company owner, Dun learns of his latest accident, a heated discussion ensues, and Dun fires Richard. Dun is so angry that he immediately writes a letter to the Union of which Richard is a member, and to all other construction companies in the community, stating that Richard is the "worst driver in the city" and that " anyone who hires him is asking for legal liability" Richard files suit against Dun, alleging defamation, what issues do you see in this case, who do you think will win?
3. Ann sued a grocery store for injuries. She had slipped on some accumulated rainwater as she stepped on a rubber mat just inside the door to the store. Prior to the fall, the bag boy had placed a "wet floor" sign approximately 6 feet directly in front of the door and had been instructed to mop the entrance periodically in accordance with the store procedures on rainy days. Discuss the 4 elements of negligence and apply them to the facts here....does Ann have a case? What defense would the defense claim?
4. Read each scenario and discuss whether the 4 elements of negligence are present in each of these:
a. As a college prank, Carolyn decides to remove a stop sign from an intersection and put it in her dorm room. She chooses a stop sign on a little-used country road several miles out of town. The next night, a motorist from out of state drives through this intersection and is struck by an oncoming car. Both motorists are injured and their cars are demolished.
b. A passenger in a car orders coffee at a drive-through restaurant. While the car was stopped, she attempted to remove the lid to add cream and sugar. The coffee spilled and caused third-degree burns to 6% of her body. She had to spend eight days in the hospital and undergo skin graft operations. The restaurant served their coffee at 180˚ F, even though anything over 140˚ could cause burns.
c. The janitors in a large apartment building wax the lobby floor and place a large sign that says: "Caution: Wet floors." A tenant slips and falls on the freshly waxed floor and is shaken up, but not seriously injured.
d. Lance is a sixteen-year old high school junior. He throws a party at his house on a Saturday night when his parents are out of town. He takes alcohol from their cupboard and serves it to his guests. He doesn’t really pay attention to whether or not they are drinking. He sees Abby finish a beer and grab her car keys to leave. Stefan leaves with Abby for a ride home. Lance watches Abby drive away with Stefan in the passenger seat. As Abby pulls onto the highway, she swerves and hits another car head-on. Stefan is seriously injured.
e. Olivia and her friends go to an amusement park, and she decides to ride the scariest roller coaster. After each rider is seated, the attendant secures that rider with a safety bar. Olivia tells her friends that she does not need the safety bar and detaches it. She is thrown from the roller coaster and is badly hurt.