Law - Negligence

In: Business and Management

Submitted By eec6
Words 654
Pages 3
Chapter 6 – Negligence
Case 1

Submitted to: Chantelle Troy
Submitted by: Elaine Crocker, Justine Byrne and Brandon Noelle
March 12th, 2014

The plaintiff, Dean Zastowny, had been incarcerated after committing a number of crimes to support his drug habit. While imprisoned he was sexually assaulted by a prison officer. Zastowny then developed personality disorders such as low self-esteem, anti-social behaviour, and sexual anxiety. After being released the conditions remained and Zastowny found ease in the use of heroin; he continued to lead a life of crime. After spending 12 years in prison Zastowny had decided to sue the prison guard and the province. The defendants (prison guard and the province) admitted liability. The trial judge states that if the sexual assault did not occur Zastowny would not have become addicted to heroin, and he would not have committed additional crimes leading to his return to prison. The judge also states that because of the sexual assault Zastowny developed personality disorders and was not able to obtain and hold a job. Therefore, Zastowny argues that he should be compensated for income loss of the past 15 years, and for the future.
The plaintiff, Dean Zastowny is in the position of suing the prison guard and the province (as the guard’s employer) for the intentional tort of sexual assault. Zastowny is requesting compensation for all of the income that he has lost during the past 15 years spent in jail. He is also requesting compensation for the future since his personality problems continue to exist and he will most likely have difficulty maintaining a job.
The defendants, the prison guard and the province are being accused of sexual assault and have accepted liability. The prison guard committed the tort of negligence and is liable because the guard owed a duty of care, breached the standard of care and caused harm to the…...

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