Presentation on theme: "Presented By: Jamie Jones Nemo The Dentist VS. Nemo’s Case Intentional Torts False Imprisonment: Nemo was taken from his home and then placed in the dentist’s."— Presentation transcript:
Presented By: Jamie Jones Nemo The Dentist VS
Nemo’s Case Intentional Torts False Imprisonment: Nemo was taken from his home and then placed in the dentist’s tank and held there Intentional Infliction of Emotional Distress: By taking Nemo from his home and forcing him to live in a tank, Nemo suffered stress and anxiety
Nemo’s Proof False Imprisonment and Intentional Infliction of Emotional Distress 1.The dentist intended to take Nemo from the ocean and separate him from his family and home 2.The dentist should have known Nemo would miss his family and try to avoid Darla at all costs. By placing the picture of Darla and her dead fish next to the tank, the action could be considered a threat or torture of what Nemo’s fate would be.
Nemo’s Case Continued Negligence Not only was Nemo placed in a tank, but the tank became dirty, the dentist placed all the fish in bags unattended, and then tried to give Nemo to Darla who was known already as a “Fish Killer” from the previous year by shaking the bag.
Nemo’s Proof Duty: The dentist was supposed to take care of the fish and keep them alive. He was responsible for their lives and well being. Breach: He placed them in bags and left them alone, kept them in a dirty tank, and attempted to give Nemo to his niece Darla. Causation: He could see that a dirty tank would harm the fish and knew from previous experience that Darla would shake the bag until the fish was dead. Damages: Emotional distress (the possibility of death) and pain and suffering.
Dentist’s Defense Assumption of Risk Nemo performed two separate acts 1.Nemo swam out into open water by himself knowingly and assuming the risks. 2.Nemo swam into the filter and knew that the dirty tank would be bad for the other fish as well as being placed in bags. Nemo chose to put his own life and the other fish in the tank at risk when he stopped the filter from working.
Nemo’s Damages Nemo is suing for a total of $75,000 $15,000 for False Imprisonment $15,000 for Negligence $45,000 for Stress and extreme risk of death
Nemo’s Closing Statement I was swimming in the ocean with my friends when the dentist plucked me out of the ocean. He took me home and forced me to live in a tank. After he told me that I was going to live with Darla and placed the picture of her and her dead fish next to the tank, I vowed to do anything I could to save my life. He neglected to take care of me and the other fish by letting the tank become toxic with scum. The dentist failed to complete his duty of keeping us safe. My life was at risk and now I’m looking for compensation.
Dentist’s Closing Statement Everything I did was to benefit Nemo and my other fish. I saved Nemo because he was struggling out in the open ocean. I didn’t want anything to happen to him. I kept the fish tank as clean as I could when Nemo and his friends weren’t trying to ruin my filters. I only wanted what was best for my fish. I have always given them the best care possible, not even he can deny that. My niece just wanted a birthday present and I couldn’t bare to disappoint her. She was a full year older and there was no guarantee that she would harm another fish.
You Be The Judge You Decide... For or Against Nemo