405 (a) & (b) Flashcards
In June 2008, the website “TMZ” reported that the “worst celeb tippers at STK (Hollywood Restaurant) are two of the richest folks in town – the Beckhams. We’re told a restaurant once comped David and Victoria, and guess how much they left by way of a tip? Nada.” TMZ later printed a retraction stating that, “according to the owner, the spy was wrong, and the Beckhams are ‘great customers and excellent tippers.’”
◦ Suppose that the Bekhams sued TMZ for defamation in their original report, which remains on the web?
◦ Can the Beckhams introduce evidence of their generous character? If yes, what types of evidence can they offer?
Yes
What types of evidence can they introduce?
Opinion from long-time neighbor
Reputation for generosity among other celebrities
Testimony from waiters about particular tips that Beckhams left
A Mama Jane’s Pizza delivery car ran a red light and hit Pearl Cole, a pedestrian. Cole sued both Stewart Rutledge, the car’s driver, and Mama Jane’s Pizza. In her claim against Mama Jane’s, Cole argued that the company was negligent in hiring Rutledge because his supervisors knew or should have known that Rutledge had a reckless attitude toward driving. As evidence, Cole offered a comment that Rutledge had posted on a website. In the post, Rutledge admitted receiving about 30 speeding tickets over the past few years and offered advice on how to beat speeding tickets. Is the evidence admissible?
+ What if Cole’s argument was the theory of respondeat superior to hold Mama Jane’s liable for Rutledge’s reckless driving?
Answer:
Yes, Rutledge’s character is an element of Cole’s claim against Mama Jane’s. Cole’s complaint against the company is for negligent hiring. Evidence of Rutledge’s character, therefore, is part of Cole’s claim. The website is evidence that Mama Jane knew or should have known about Rutledge’s attitude toward speeding. Rutledge’s character is a fact in consequence that helps show what Mama Jane knew or should have known.
