Question

2. Sandra Davis was a worker in a New York hotel owned by the Royal Crown International Hotel Co. One day, Henry Lambert, the manager of the hotel support team, gathered all the workers and told them that a great deal of theft had taken place within the hotel. He warned the assembled workers that unless someone confessed or revealed the name of the responsible person, he would start to fire all the workers according to seniority. When no one volunteered the information he was seeking, Lambert fired Sandra Davis, a single parent of three small children. Ms Davis became very upset, began to cry, sustained emotional distress, mental anguish, and loss of wages and earnings.

Ms. Davis sued the Royal Crown International Hotel Co and Henry Lambert alleging that the defendants acted recklessly and outrageously, intending to cause emotional distress and anguish. The defendants argued that damages for emotional distress are not recoverable unless physical injury occurs as a result of the distress. Will Davis be successful on her complaint? Please explain.

3. Fred Banyon, the owner of a rural property, has a place on his land where he piles trash. The pile has been there for three months. Carl, a neighbor of the adjoining property, without Fred's consent or knowledge, threw his trash onto the trash pile. Fred discovered what Carl had done and sued. What tort, if any, has Carl committed? Please explain.

Answer 1

2. Davis will be successful on her complaint. It can never be the policy of a hotel management to fire an employee without notice. Davis should be given notice of one or two moths ago. Again, there is no proof against Davis of stealing any property or misbehaving with anyone. Naturally injustice jas been done to her. As she is forced suddenly to leave the job she is in great economic pressure. It is very much difficult to run family. She has not been given chance to search another job. Naturally she will get help from the court.

3. Fred can used his own land for piling trash. But Carl can not do so. Without consent Carl can not use Fred's land. Besides, one needs to clear trash after certain period. So, in this situation Fred will have to clear Carl's trash also. However, it is a minor offense done by Carl. As they are neighbors they should bear mutually the cost of clearing the trash.