Question

You are upset about having class on Fridays during the summer. You see me walking on the sidewalk and run your car up on the sidewalk. I see the car coming, thinking it will hit me, I leap out of the way and on to the grass, ruining my khaki pants with grass stains. The car never touches me, but I shout that I am going to sue and that I will take it all the way up to the U.S. Supreme Court if I have to. You shout back that you will countersue for intentional infliction of emotional distress because of the Friday classes. Answer the following: 1. Do I have a claim? If I do, what is it? 2. Do you have a claim for Intentional Infliction and why? 3. Can I take this all the way to the U.S. Supreme Court?

Answer 1

1. This act of running car up on the sidewalk could be claimed under recklessness, as the actor intentionally took the car to the sidewalk, which may have caused harm, but scared me though.

2. Intentional Infliction could not be claimed because you were upset and you ran your car on to the sidewalk with in a bad mood, though you knew it could harm.

3. To take this claim to the U.S Supreme Court this case should go through the appeallate process from the lower courts. As this case is not of national importance nor is the rarest of rare case, hence this case cannot be directly filed to Supreme Court.