LGLS1101 Temple University Chapter 5 Business Torts Case Study Analysis Please see the attachments for the case itself. The case analysis should be two pag
LGLS1101 Temple University Chapter 5 Business Torts Case Study Analysis Please see the attachments for the case itself. The case analysis should be two pages. It must includes the
facts: who suing whom and for what
Issue: a legal question which is the foundation of a case. It requires a court’s decision.
Holdings: a court’s determination of a matter of law based on the issue presented in the particular case.
Also please answer these questions in the case.
Is the bar liable for the dog’s actions in jumping into the stands and injuring Mr. Roseman? SECTION 1.14
THE DOG BITE CASE
PROBLEM ONE-B
PARK, BROWN & SMITH, P.C
ATTORNEYS AT LAW
MEMORANDUM
To:
All Law Clerks
FROM: Peter Smith, Esquire
RE:
The Dog Attack
Joe Roberts saw a story in a magazine that catered to the sports bar trade
about a breeder in St. Louis who trained dogs to play ball. This prompted
Mr. Roberts to come up with a marketing idea for Tyler’s Sports Bar and
Grill. He would buy a puppy from the breeder who would then train the
dog to play football. Joe’s idea was to dress the dog in an Eagles uniform
and allow the bar patrons to throw a football to the canine.
Joe bought the dog at a cost of $2,000 but had to wait months for delivery
because the puppy had to be trained. The breeder worked diligently with
the puppy and soon the dog was catching every football tossed his way.
The dog was even taught to run with the ball to the end zone and toss the
pigskin up in the air as a parody of a touchdown celebration. The dog
became so proficient with this task that he could toss the ball about 20 feet
into the air and catch it on the way down.
Joe took possession of the eighty pound animal which he named Wentz”
when it was 8 months old, and brought the dog to Tyler’s each day dressed
in Eagles green. Joe even constructed an end zone in one corner of the bar
complete with a goal post and bleachers where patrons could sit and drink
while watching sporting events on large screen televisions.
onment of Business
Wentz was an instant success. Joe sold replica NFL footballs at a tidy profit
which purchases would entitle the patrons to toss the ball to the pooch
who would then perform his end zone celebration. When Joe was finished,
person
the pouch would even pick up the football and bring it back to the
who initially threw it.
Things were going smoothly until a Monday Night Football game involv-
ing the Eagles and Redskins. This was also the first time the dog was
asked to perform late at night and the pouch seemed out of sorts from the
commotion.
In any event, Wentz was busy from the moment the game started and
fans lined up to toss balls to the dog. By half time, Wentz had retrieved
more than 100 footballs and was exhausted. Unfortunately, the next toss dic
him in. Wentz retrieved the thrown ball in the end zone but was way of
target when he tossed it into the air as part of his end zone celebration. The
errant ball landed in the end zone bleachers so Wentz dutifully ran after th
ball to retrieve it. He jumped over the bleacher wall and landed on the la
of Ira Roseman causing everything to go flying including a cup of hot coffe
which scalded the patron. When the customer screamed from being burne
Wentz became frightened and bit the customer.
Tyler’s Sports Bar and Grill has been sued by Mr. Roseman and we ha
been asked to defend the bar. I have located the attached case which ist
closest thing I could find to fit our fact pattern. Please read the case and
me know if Tyler’s is liable to Mr. Roseman.
SWANSON V. TACKLING
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