Nemo
VS
The Dentist
Presented By:
Jamie Jones
Nemo’s Case
Intentional Torts
False Imprisonment: Nemo was taken from his
home and then placed in the dentist’s tank and
held there
Intentional Infliction of Emotional Distress: By
taking Nemo from his home and forcing him to
live in a tank, Nemo suffered stress and anxiety
Nemo’s Proof
False Imprisonment and Intentional
Infliction of Emotional Distress
1. The dentist intended to take Nemo from the
ocean and separate him from his family and
home
2. The dentist should have known Nemo would
miss his family and try to avoid Darla at all costs.
By placing the picture of Darla and her dead fish
next to the tank, the action could be considered a
threat or torture of what Nemo’s fate would be.
Nemo’s Case Continued
Negligence
Not only was Nemo placed in a tank, but
the tank became dirty, the dentist placed all
the fish in bags unattended, and then tried
to give Nemo to Darla who was known
already as a “Fish Killer” from the previous
year by shaking the bag.
Nemo’s Proof
Duty: The dentist was supposed to take care of the
fish and keep them alive. He was responsible for
their lives and well being.
Breach: He placed them in bags and left them alone,
kept them in a dirty tank, and attempted to give
Nemo to his niece Darla.
Causation: He could see that a dirty tank would harm
the fish and knew from previous experience that
Darla would shake the bag until the fish was dead.
Damages: Emotional distress (the possibility of death)
and pain and suffering.
Dentist’s Defense
Assumption of Risk
Nemo performed two separate acts
1.
Nemo swam out into open water by himself
knowingly and assuming the risks.
2. Nemo swam into the filter and knew that the
dirty tank would be bad for the other fish as well
as being placed in bags. Nemo chose to put his own
life and the other fish in the tank at risk when
he stopped the filter from working.
Nemo’s Damages
Nemo is suing for a total of
$75,000
$15,000 for False Imprisonment
$15,000 for Negligence
$45,000 for Stress and extreme risk of death
Nemo’s Closing
Statement
I was swimming in the ocean with my friends when the
dentist plucked me out of the ocean. He took me
home and forced me to live in a tank. After he told
me that I was going to live with Darla and placed the
picture of her and her dead fish next to the tank, I
vowed to do anything I could to save my life. He
neglected to take care of me and the other fish by
letting the tank become toxic with scum. The dentist
failed to complete his duty of keeping us safe. My
life was at risk and now I’m looking for
compensation.
Dentist’s Closing
Statement
Everything I did was to benefit Nemo and my other fish.
I saved Nemo because he was struggling out in the
open ocean. I didn’t want anything to happen to him.
I kept the fish tank as clean as I could when Nemo
and his friends weren’t trying to ruin my filters. I only
wanted what was best for my fish. I have always
given them the best care possible, not even he can
deny that. My niece just wanted a birthday present
and I couldn’t bare to disappoint her. She was a full
year older and there was no guarantee that she
would harm another fish.
You
Be
The
Judge
You Decide...
For or Against Nemo