Assignment: Assignment 2
Analyze the following fact pattern and explain in detail, referring to class discussion, research and case law, the likely outcome.
Fred was a passenger on a train run by Stark Enterprises. He was traveling from Orlando to Cleveland to see his brother. While on the train, Fred got into an argument with Walter about which baseball team was better, the Indians or the Marlins. The two men got so loud that Walter was asked by a train attendant to change his seat. Walter did change his seat and for the next hour consumed roughly 6 gin and tonics provided by another train attendant. After becoming intoxicated, Walter went over to Fred and punched him square in the face, breaking Fred’s nose. Fred was “the bigger man” and refrained from punching Walter back, and Walter was escorted to another train car for the rest of the train ride, which was another 30 minutes. Upon arriving at the Cleveland train station, the attendants escorted Walter off of the train and out of the train station to a waiting taxi. The attendants did not let Fred off of the train until Walter was escorted off of the premises. Fred exited the train and went to have a bite to eat at the train station deli. After roughly 25 minutes, while he was finishing his sandwich, Walter came up from behind him and hit him with a baseball bat. Walter had taken a taxi back to the airport after initially leaving, and came back for the sole purpose of attacking Fred. While Walter was running from the scene after attacking Fred, he tripped on a suitcase that was placed in the middle of the walkway and fell onto the train tracks, breaking his leg. As he was lying there with his leg broken, an attendant called for security to help him off of the tracks, but before security arrived Walter was run over by a train entering the Cleveland Station.
Discuss the following:
Fred’s cause of action against Stark Enterprises.
Walter’s cause of action against Stark Enterprises.