#1 – Mary was crossing the street at a crosswalk. A driver waiting to turn right didn’t see Mary and ran her over. Mary suffered no broken bones but had serious sprains and strains as well as injuries to nerves in her arms and legs. Mary now has chronic pain which she says is a cool 4 out of 10 and is manageable. 8 months later, Mary was celebrating her birthday. When she went to blow out her candles, Emeline thought it would be funny to mush Mary’s face into the cake. Emeline shoved Mary’s head too hard and Mary missed the cake. She ended up hitting her head off the edge of the table resulting in injuries to her neck and shoulders and a concussion. The injuries caused the chronic pain Mary was in to be a constant 11 out of 10. She is suffering from depression and refuses to leave her house. Emeline didn’t know that Mary got hit by a car 8 months prior and was unaware of Mary’s existing injuries. Mary is now suing Emeline for damages. What tort has Emeline committed? Are there any mitigating or aggravating factors? Is Emeline responsible for ALL of Mary’s injuries or just the new ones?
