A tort is sometimes defined as a noncontractual civil wrong. Generally this means that someone has suffered physical or emotional injuries or damage to property, business, or reputation because of the wrongful acts of another.Discuss

A tort is sometimes defined as a noncontractual civil wrong. Generally this means that someone has suffered physical or emotional injuries or damage to property, business, or reputation because of the wrongful acts of another. Tort law forms the basis for numerous civil lawsuits between parties. Personal injury practice deals with lawsuits or claims for money damages for injuries that people sustain. The most common type of personal injury case involves automobile accidents. The underlying substantive law that allows this type of claim is known as Tort law. As a result of the tort, the wrongdoer, also known as the tortfeasor, becomes liable to the victim for money damages. Today, tort law is found primarily in statutes and case law. Although differences exist from state to state, many common tort principles and concepts also exist. In general, three types of torts exist: intentional torts, negligence, and strict liability. Each tort exists of various elements or legal requirements. In any situation, if the facts satisfy or support each of the elements, then the victim has a case or cause of action based on that tort. A cause of action is a legally recognized right to relief or damages. Causes of action are formulated as tests with elements. The test is expressed as a list of elements.

Instructions: Consider the following factual situation and answer the questions below: Ira N. Skeered, (“Skeered”) of Provo, UT, was injured while trying to avoid being hit by two cars involved in an automobile accident. Skeered was on the corner of the intersection of University Parkway and State in Orem, UT, just starting to cross the road, when he watched a black truck driven by J.D. Redd, (“Redd”) of Colorado, T-Bone a Cadillac driven by an elderly woman named Cleora Parcell, (“Parcell”) from Idaho Falls, Idaho. Skeered watched the accident paralyzed with fear (“for only a split second”) until he realized that he may be hit as well and tried to run back to the curb. Unfortunately, Skeered did not make it. He was struck by Parcell’s vehicle and was not touched by Redd’s truck. He was thrown about twenty feet and suffered the following injuries: 1) injured his back requiring surgery; fractured his left femur; fractured his right tibia; and, fractured both wrists. His MEDICAL BILLS total $178,000.00, and he could not work for six months. He is employed as a counselor at Provo High School and makes approximately $41,000.00 per year. The police cited Redd as the at-fault driver and both vehicles were a total loss. Redd had run a red-light just prior to running into Cleora Parcell. Skeered sues Redd for injuries he received by filing a complaint based on negligence in the Third Judicial District Court in Salt Lake County.

As if you were an employee at my firm, write me a two-page brief 1) analyzing the factual situation discussed above, and identify which type of tort Skeered may base his cause of action on, 2) list and define the elements of the cause of action, and 3) identify and detail the facts in the factual situation that satisfy each of the elements of the cause of action. To discover which fact supports each element, simply annotate the list of elements.