Draft a facts statement for our client, Ronnie Randall. Janice Kahn, the plaintiff, brought an action against Randall for intentional infliction of emotional distress. You should prepre your
Draft a facts statement for our client, Ronnie Randall. Janice Kahn, the plaintiff, brought an action against Randall for intentional infliction of emotional distress. You should prepre your facts statement based on this excerpt from a (i) deposition transcript, (ii) the witness statements, and (iii) a police report. Your facts statement will be included in a memo that discusses the issue of intentional infliction of emotional distress. A model answer will be available immediately after you submit the complte assignment so that you can check your work.
Relevant Law:
For the purpose of this memo, intentional infliction of emotional distress is defined as follows:
An act by a person that is extreme and outrageous conduct, done with intent to cause another to suffer severe emotional distress, and which results in distress and emotional injury to another. The emotional injury must manifest itself with a physical problem.
Facts:
(i) Deposition
Below is a portion of Janice Kahn’s deposition transcript:
Q.What were you doing when the accident occurred?
A.Working in my garden. I planted tomatoes, green peppers, carrots, and broccoli.
Q.Where is your garden located on your property?
A.In the front, near the street. It is next to a brick wall. I can’t see the garden from my house.
Q.What direction were you facing in your garden?
A.North.
Q.Does that direction face the street?
A.No.
Q.What do you usually do in your garden when you work?
A.Weed it.
Q.What were you doing in your garden when the accident occurred?
A.Weeding it.
Q.Where is the street in relation to your garden?
A.About five feet.
Q.Where do the children generally play?
A.In the backyard.
Q.Where were the children playing on the day of the accident?
A.They were playing T-ball in the front yard.
Q.Were you watching the children at the time of the accident?
A.Yes, I could see them.
Q.Did you see the accident occur?
A.Sort of.
Q.Did you or did you not see the accident?
A.I saw my son, who is 11 years old, on the ground covered with blood, and blood all over the front of the Cadillac.
Q.Did you actually see the driver strike your son?
A.No. But I know Ronnie hit him. I saw my son next to Ronnie’s car. I heard him swerve.
Q.Did you know the driver?
A.Yes.
Q.How did you know him?
A.We met at a state fair. We dated for ten years. I broke up with him two weeks before the accident.
Q.Did he know your son?
A.He knew my son was the most important person to me, and he tried to kill him to pay me back for dumping him.
Q.Are you accusing the driver of intentionally striking your son?
A.Yes. He wanted to get back at me, so he hit my boy.
Q.What happened to your son on the day of the accident?
A.He sustained head injuries and several broken bones. He can’t play T-ball for the rest of the season, and we had to cancel our vacation to the Dells because he’s been hurting so much.
Q.Was he conscious when you first saw him after the accident?
A.He was awake, but I thought he was dead at first. He had blood everywhere. I knew the driver, Ronnie, was drunk when he hit him. He wasn’t even looking where he was going. He always swerves down our street to get my attention.
Q.Did your son speak to you right after the accident?
A.Barely. I told him that Ronnie was speeding and trying to run him down on purpose. I was horrified to see the blood and the broken bones. I couldn’t move and I was so angry at Ronnie because I knew he did this on purpose.
Q.Did you go to the doctor after this accident?
A.I went by ambulance with my son to the doctor. His doctor looked me over and said I was suffering from shock. Since then, I suffered from anxiety and headaches. I throw up every day.
Q.Have you seen a doctor for your complaints?
A.Yes. She said that they are related to the accident. I just keep thinking back to that day when the neighbor told me that Ronnie intentionally turned the wheel to hit my boy.
Q.Was your son able to move after the accident?
A.Slightly. He looked just like our neighbor’s son did after Ronnie hit him with his car two weeks before at the same curve.
(ii) Police Report, State of Illinois
Ronnie Randall, the driver of a 2018 Cadillac, was cited for driving while under the influence of alcohol and/or drugs, reckless driving, and driving with a suspended license. I will ask the prosecutor to consider either reckless assault charges or vehicular homicide, depending upon the condition of the boy. I tested Randall for alcohol intoxication. His blood alcohol level was .11. Randall struck another boy, Tommy Albert, at the same site two weeks earlier. He was cited for reckless driving for that accident and drunk driving. As I arrested Randall, he said that he was daydreaming during the accident and that he did not mean to hit the child. There were no skid marks. The street was dry.
The boy’s mother, Janice Kahn, was working in her garden about five feet from the accident scene at the time of the accident. Her son, Billy Kahn, was playing a game in the street.
(iii) Witness Statements
Statement of Rhonda Albert:
Two days before the accident, Rhonda Albert, a neighbor of Janice Kahn, heard Randall say that he planned to get even with Kahn after Kahn broke off her ten-year relationship with Randall. Albert saw the car strike Kahn’s son. According to Albert, after the car struck the boy, Randall got out of his car and said, “Oh, my God. I didn’t mean to hit him. Is he okay?” Albert could smell alcohol on Randall’s breath.
Statement of Rebecca Mark:
Rebecca Mark saw the driver, Ronnie Randall, turn the car toward Kahn’s son.
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