Scenario 2: Anna orders a meal in an Italian restaurant. After her food is served, she takes a bite and cries out in pain. She has bitten down on a piece of glass. Upon hearing Anna’s cry, another waiter who is pouring wine at a nearby table spins around and bumps into Anna’s waiter, who is carrying a flaming dish. The flaming dish tilts onto Anna’s waiter, and his apron catches fire. He rips it off and casts it aside, where it ignites another tablecloth. People start screaming and run for the door, but because it is a revolving door, only one or two people can leave at a time. An old lady is trampled by the crowd and is seriously injured. Several other patrons suffer smoke inhalation and burns, but finally, everyone is out.
When the ambulances and fire engines arrive, Anna is among those transported to the emergency room. Her mouth is bleeding profusely, and she is becoming weak. The emergency room doctor tells Anna that immediate surgery will be necessary to stop the ...view middle of the document...
For health professional care, a mal practice on surgeon for not checking on correct patience.
* The identity of potential plaintiffs
* Anna will be the plaintiff in this case towards the restaurant because of piece of glass that was serve in her food and caused her mouth to bleed. Also, another plaintiff in this case would be the old lady and other customers who were trying to exit out of the restaurant but because of the restaurants revolving door; an old lady was compressed by the crowd and is seriously injured. This is a code of safety. Anna is also a plaintiff against the surgeon for mistaking her for another patient and amputated her right leg.
* The identity of potential defendants and why you see each one as a defendant
* The defendant will be the owner of the restaurant because the accident happened inside the restaurant. The restaurant will be liable for anything that happened during business hours. Employees can also be the defendant because of not paying attention to the food that they are serving to their customers. The surgeon is another person that will be the defendant. The surgeon did not double check on the patient’s name and automatic amputated Anna’s right leg.
* The elements of the tort claim that constitute the plaintiff’s claim
The plaintiff can use the Unintentional torts. The essential elements of negligence are duty of care to the plaintiff, negligent act that cause in fact of the plaintiff’s injury, and plaintiff suffered injury
* Any defenses you think defendants might assert
The defendant can say that it was unfortunate turn of events. It was unintentional situations. The defendant can apologize to Anna and other patrons and offer to pay for their medical bills. As far as the surgeon, he can say that it was a busy night and he had worked long hours and because of it, the defendant’s mind was out of space and did not double check the patient file.
How you think the claim will be resolved, stating legal reasons for your answer
The restaurant will end up paying for all medical bills and any damage to Anna and other customer. Restaurant will remodel the emergency doors and make it bigger for emergency purposes. The surgeon will lose his license for mal practice. Anna will win her case against the restaurant and the surgeon.