Assignment #2
Part 1: Please read the following case: Watson v. Dixon, 130 N.C. App. 47, 51 (N.C. Ct. App. 1998).
Then, please answer the following questions in one to two paragraphs each, and properly cite to the Watson case within each answer.
1) What were the essential facts of that case?2) What are the elements of intentional infliction of emotional distress under North Carolina law and how were they applied by the court to determin there was enough evidence for the IIED claim?
Please do not worry about or discuss the negligent retention issue. We’re only interested in the intentional infliction of emotional distress elements of this case.
An IRAC-styleis NOT necessary for this part of the assignment.
Part 2: Drafting a Complaint for intentional torts
You work as a paralegal in a personal injury practice located in the hypothetical state of New Manitoba. Rwanda McDonald walks into the office and asks to speak to you and an attorney. At the meeting, Rwanda tells you the following:
So, last Friday I was hanging out and, all of a sudden, this guy comes up to me and grabs my purse which I was wearing and starts running away. So, I ran after him. He picks up a rock and just throws it at me. So I duck and it misses me. But, sadly for him, I am a two time World Cup sprinting medalist and I tracked him down, in 8 seconds. I grabbed my pocketbook back and he starts yelling at me and says “You stupid b-—, drop dead!” I was really hurt inside. I turned around and went home. When I got home, I realized that my wallet had fallen out of the purse while he was running with it, and I lost the wallet, which had $60 in cash and many other important personal items.
Rwanda then tells you that she later found out that the guy’s name is Christopher Stone. She also makes it 100% clear that she wants to sue Mr. Stone for every cause of action you can think of.
You are asked to please draft the complaint to be filed in state court. Assume that the state court had jurisdiction over the case based on Rule 1.1 of the New Manitoba State rules of litigation.
Please draft an appropriate complaint, making sure to allege as many causes of action as can be reasonably alleged. You should use a sample complaint from the “documents” page on the student website. However, realize that the torts and elements are different in this case than in that document.