Create-Your-Own Hypos

Sometimes, if you can't find a question to practice a topic that you are struggling with, the best thing to do is write your own questions.  I was having trouble with some torts topics so I created my own using my family as an example.

The Question

L and M were preparing for D’s birthday.  Because he “forgot” to text them back regarding what he wanted for his birthday gift, they decided to play a prank instead.  Being the crafty twins that they were, they put their heads together and tried to think of a joke for the record books.  Suddenly, they knew that they had settled on the perfect one.

L and M put a rose-haired tarantula in a box and wrapped it.  When they went home for fall break, they dropped the inconspicuous box (wrapped perfectly in lime green paper) off with their unsuspecting mother.  L and M requested that their mother bring D his birthday gift with her to Houston during her next visit.  She excitedly agreed and packed it in her carry-on.

The next day, Mom drove to the airport, still unaware of the contents of the lime green gift.  She dropped her luggage off at the Delta counter and then waited in the TSA pre-check line with her carry-on bag.  She sent her carry-on through the x-ray machine, and in their diligent search for shampoo and garlic spread, TSA did not detect the rose-haired tarantula.  M and L’s plan was working out perfectly.  Mom boarded the plane and placed her carry-on under the seat in front of her and followed all of the instructions from the flight crew.  She relaxed once the plane was in the air, and she pushed play on her playlist full of AC/DC and Queen.

Once Mom deplaned at the Houston-Hobby airport and retrieved her luggage from the carousel, she took an Uber to D’s apartment.  When she arrived at his door, she pulled L and M’s present out of her carry-on and knocked on the door.  D excitedly opened the door and greeted his mother, looking forward to opening the gift from his stupendous sisters.

D sat down on his couch and placed the exquisitely wrapped gift in his lap.  He read the card stating that it was from L and M.  He quickly ripped off the lime green wrapping paper revealing the box inside.  He smiled as he lifted the lid and then immediately paled.  In horror, he shoved the box off his lap.  The tarantula, in a panic, used its defense mechanism and shot one of its hairs towards D.  The hair embedded itself in D’s hand and he fainted onto the couch.  When he came-to, Mom had caught the spider in a jar and noticed D’s injury.  She promptly drove him to the hospital.

The doctors told D that his injury was infected, and he would have to miss a few days of his rotations because of the swelling in his hand.  D stayed in the hospital for three days until he was fully recovered, and then returned to rotations.  This time, he replied to his sisters’ texts in an angry fashion and told him that he was going to file claims against them.

1. What tort claims can D file against L and M?  Explain.
2. What tort claims can D file against Mom?  Explain.

The Challenge

Now that you've seen an example, I dare you to try this one or to write your own.  Bring on the back-firing sibling pranks.

Have a great laugh,