[SOLUTION] Law School Exam Question

Monica and Chandler have been living together for 7 years and have never gotten married because; as Chandler likes to say “they don’t need no piece of paper from the man to show their love”. They have 3 children living with them; Joey a “love child” Monica hade 5 years ago with Chandler.  Jennifer who is Chandler’s niece lives with them because Chandler’s brother is in prison, and Tommy who is Monica’s child from an old flame Ross. Tommy lives with them about 75% of the time. One day the family was having a picnic in Central Park and Ross was there as well.  Out of nowhere a plane driven by Ken, who is drunk and thinking it was a farm, negligently swoops down real low and sprays the field with a deadly insecticide.  This is exactly where Joey, Jennifer, Tommy and Monica are playing Frisbee.  All 4 begin choking and die within 20 – 30 seconds. At the time the plane swooped over the field Chandler was laying on the blanket with his eyes closed, zoning out and listening to the kids play, but he thought Joey was on the blanket with him. He heard the plane swooping low and was aware that the family was playing Frisbee on the field that the plan flew over. Recognizing Monica’s choking sounds (because they were into that sort of thing) he looked up and they were on the ground dead. Ross was peeing on a tree and saw everything. Chandler is devastated. He can’t sleep at night, vomits every time he thinks about Monica or the kids, and screams “run” every time a plane flies over. He has been to numerous psychiatrists, but nothing seems to help. Ross is also having problems. He can’t sleep at night, weeps all the time, and will never pee on a tree again.   Chandler and Ross are now suing Ken for Negligent Infliction of Emotional Distress for the deaths of Joey, Jennifer, Tommy and Monica. Using IRAC Discuss Chandler v. Ken Discuss Ross v. Ken

 

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