Little Lucky Case Study

985 Words 4 Pages
I was asked to research and prepare a memorandum of law on whether Little Lucky, a minor can bring a multiple cause suit against the Jackson brothers for wrongful death, negligent infliction of mental distress and intentional infliction of mental distress?

Facts
On Friday night around 11 p.m., Bo, Ro, and Kno Jackson robbed the Wild Wings. As they were leaving the owner Burt Lucky came through the door trying to stop the robbery. The Jackson brothers ran passed Burt to get to the exit, they struggled with him, pushed him down and as Burt fell backwards he hits his head and died instantly from the injuries. Burt’s wife, Nola Lucky, who has bad heart, walked in with her twelve-year-old daughter Little Lucky during the incident. Due to shock
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Next, the discussion will consider whether the action of the Jackson brothers pushing Burt that led to his death a proximate cause of Nola’s heart attack that led to her death. Continuing, we will determine if Little Lucky have a valid claim for intentional infliction of mental distress and negligent infliction of mental distress against the Jackson brothers after she witnessed the death of both of her parents during the Jackson’s Wild Wings robbery. Finally, the memo will explore whether a twelve-year-old Little Lucky bring a multiple cause action into one complaint against the Jackson …show more content…
Wrongful death is any wrongful conduct, provided that act is the proximate cause of decedent 's death and provided decedent would have had a viable personal injury action against the defendant had death not ensued. N.Y. Est. Powers & Trusts Law §5-4.1 (McKinney 2003). Wrongful act includes the act of physical violence. Law Offs. of Ira H. Leibowitz v Landmark Ventures, Inc., 131 A.D.3d 583, 586, 15 N.Y.S.3d 814 (2nd Dept’ 2015). The Jackson brother’s action of struggling and pushing Burt is considered physical violence, therefore the Jackson brothers committed a wrongful act against Burt. Their wrongful act of pushing Burt caused “a natural sequence, unbroken by any new cause…” resulting Burt to fall back and fit his head and dies instantly from his head injuries. Rider v. Syracuse Rapid Transit Ry. Co. 171 N.Y. 139, 63 N.E. 836, 72 N.Y. Supp. 1125 (1902). Therefore, wrongful death occurred and if Burt’s death had not been ensued he would have had a viable personal injury action against the

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