Larry is having a night out on the town with his buddies. By midnight, he is very intoxicated. He gets in a fight with a bodyguard at the night club where he has been partying. Larry hit the bodyguard, breaking the bodyguard's nose. Larry threw the first punch. In the melee, Larry was not escorted out because the club owner and others were busy with the injured bodyguard. Larry continued to be
served alcoholic drinks. Finally, at 1 am, he left the nightclub, and tried to drive to an all-night diner for some food. On the way to the diner, he hit and injured a dedicated marathon runner who was out running late, training for a big run. Larry was unaware that he hit the runner. He proceeded on to his favorite diner. As he walked in the diner, he slipped and fell on a large puddle of water that was on the floor by his favorite booth. Discuss all the torts in this scenario.
What will be an ideal response?
Answers should recognize the following: Assault/battery hitting the body guard; dram shop liability from bartender continuing to serve drinks; negligence from hitting runner; negligence from slip and fall at diner.
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