4–3. Business Torts. Medtronic, Inc., is a medical technology company that competes for customers with St. Jude Medical S.C., Inc. James Hughes worked for Medtronic as a sales manager. His contract prohibited him from working for a competitor for one year after leaving Medtronic. Hughes sought a position as a sales director for St. Jude. St. Jude told Hughes that his contract with Medtronic was unenforceable and offered him a job. Hughes accepted. Medtronic filed a suit, alleging wrongful interference. Which type of interference was most likely the basis for this suit? Did it occur here? Explain. [Medtronic, Inc. v. Hughes, 2011 WL 134973 (Minn.App. 2011)] (See Intentional Torts against Persons.)
Answer: For this suit, there is a wrongful …show more content…
Intentional Infliction of Emotional Distress. While living in her home country of Tanzania, Sophia Kiwanuka signed an employment contract with Anne Margareth Bakilana, a Tanzanian living in Washington, D.C. Kiwanuka traveled to the United States to work as a babysitter and maid in Bakilana’s house. When Kiwanuka arrived, Bakilana confiscated her passport, held her in isolation, and forced her to work long hours under threat of having her deported. Kiwanuka worked seven days a week without breaks and was subjected to regular verbal and psychological abuse by Bakilana. Kiwanuka filed a complaint against Bakilana for intentional infliction of emotional distress, among other claims. Bakilana argued that Kiwanuka’s complaint should be dismissed because the allegations were insufficient to show outrageous intentional conduct that resulted in severe emotional distress. If you were the judge, in whose favor would you rule? Why? [Kiwanuka v. Bakilana, 844 F.Supp.2d 107 (D.D.C. 2012)] (See Intentional Torts against Persons.)
Answer: As a judge, I would rule in favor for Kiwanuka. It’s because Kiwanuka is an immigrant who came to only obtain a job as a babysitter and maid. Bakilana performed an extreme and outrageous behavior such as threatening to have Kiwanuka deported, having her work seven days a week without breaks, and verbally and psychologically abusing her on a regular basis. As a result, these claims qualify for emotional distress of …show more content…
In addition, the hotel was careless to have the guests “step out onto the balcony” to smoke without giving a warning about the twelve- inch gap. Because of the gap, Lucario, an innocent hotel guest, fell to her death, which is a serious and permanent injury. Weatherford may assert the reasonable person standard, which is the standard of behavior expected of a hypothetical “reasonable person,” in its defense. They could say that a reasonable person would have notice the big twelve-inch gap and do his/ her best to avoid