(15 Points/15% of Final Grade)
On December 13, 2013, Soar Airlines Flight 13, a Boeing 737, was scheduled to depart Baltimore BWI Airport (“BWI”) for a routine flight to New York Kennedy Airport

(“JFK”).  Departure time was 7:00 a.m.  The aircraft along with the crew had laid over in Baltimore the night before.
At 0615, the pilots and flight attendants arrived at the airport and proceeded through security.  While passing through, a Transportation Security Agency (TSA)

inspector thought he smelled alcohol on the breath of the captain of the flight, John Budweiser.  He told Capt Budweiser to wait a second and walked over to his

supervisor for advice.   The supervisor told him to contact Soar Airlines’ Station Manager.  While the inspector was talking with his supervisor, Capt Budweiser became

agitated and started yelling threatening remarks and charged toward the inspector swinging his flight bag at him.  The inspector tried ducking and fell backwards

suffering an injury to his left arm.  When the Station Manager arrived on the scene Capt Budweiser was standing near the inspector.  With the exception of the First

Officer, the rest of the flight crew had proceeded to the aircraft.
The inspector explained to the Station Manager that he thought Capt Budweiser had been drinking.  This presented a major problem for the Station Manager.  The flight

needed to depart and had a full day of operations ahead.  The Station Manager was also aware that two off-duty pilots of the airline were traveling on the flight back

to New York.  Both were only qualified First Officers on the 737.
The Station Manager then contacted the airline’s Central Dispatch and explained the problem.  Because of the need to get the aircraft moving, Central Dispatch decided

to make the original First Officer of the flight the pilot in command and assigned one of the off duty pilots as First Officer.
The flight departed one hour late.
Upon its arrival at New York Kennedy Airport, Flight 13 was ordered to taxi to gate 5 at Terminal 2.  As it approached the gate, the Pilot in Command, the original

First Officer, was unable to stop the aircraft, causing it to roll into the side of the terminal.  The force of the crash shattered a large window overlooking the ramp

and also caused a check-in desk to topple over.  A computer on the desk broke away and landed on the foot of a waiting passenger, breaking it.  In addition, several

people were slightly injured from the flying glass.  At the same time a temporary power outage occurred and set off alarms throughout the terminal.  An escalator about

300 yards from the gate also suddenly stopped causing a heavy bag at the top of the escalator to fall back and injure a person just getting on the escalator.
All in all, two people were seriously injured:  (1) the passenger hit by the falling computer and (2) the person getting on the escalator who was hit by the heavy bag.

In addition, one of the passengers (3) on Flight 13, because of its lateness as well as the delay due to the incident at the gate, missed a connection to an overseas

flight that only operated once a week, causing him to miss an important meeting with the government of a Central Asian republic that would have secured him a multi-

million dollar contract for his company.  He claimed injury for the loss of the business deal.
You are a junior lawyer on the staff of the General Counsel for Soar Airlines.  Your boss has asked you to research the following:

1.    What civil action could the TSA inspector take against Captain Budweiser?  How?  Does Capt Budweiser have a defense under Intentional Torts against a civil

action?  Why?  Describe in detail all aspects of this case.

2.    The accident at Kennedy Airport was a clear case of negligence under the doctrine of Res Ipsa Loquitur.  What causes of action could the three injured parties

at Kennedy Airport take for their injuries?  Why?   Discuss each plaintiff.  Identify each potential defendant. What kind of defenses would be available to each?

Describe in detail all aspects of each plaintiff’s case and the potential defenses that could be raised by the defendants.

LEGAL ISSUES

To be applied in terms of both Plaintiffs and Defendants
Causation in Fact (Actual Cause)
Defenses to torts
Duty of Care
Foreseeability
Intentional Tort
Jurisdiction
Orbit of Danger
Proximate Cause
Superseding or Intervening Event
Tort liability
Unforeseeable plaintiffs
Unintentional Torts/negligence

Hide Rubrics
Rubric Name: Written Assignment (15%)

Criteria    Outstanding    Superior    Good    Substandard    Failure
Identification of relevant issues and legal doctrine    5.25 points

accurately identifies all relevant issues, identifies all relevant legal doctrines, explains in depth how legal doctrines apply to relevant issues    4.46 points

accurately identifies some relevant issues, and identifies some relevant legal /conclusion(s)doctrines, explains some points regarding how legal doctrines apply to

relevant issues    3.94 points

inaccurately identifies some/all relevant issues, inaccurately identifies some/all relevant legal /conclusion(s)doctrines, partially explains one or more points

regarding how legal doctrines apply to relevant issues    3.41 points

inaccurately identifies some/all relevant issues or does not identify any relevant issues, inaccurately identifies some/all relevant legal /conclusion(s)doctrines,

partially explains one or more points regarding how legal doctrines apply to relevant issues    2.89 points

fails to identify relevant issues; does not explain applicability of legal doctrines
Application of Concepts/Development    5.25 points

arguments or positions are well-supported with evidence from the readings/experience; ideas go beyond the course material and recognize implication and extensions of

the material and concepts    4.46 points

arguments or positions are mostly supported by evidence from the readings and course content; ideas presented demonstrate student’s understanding of the material and

concepts    3.94 points

arguments are more often based on opinion or unclear views than on position grounded  in the readings of material or external sources of material    3.41 points

arguments are frequently illogical and unsubstantiated; student may resort to ad hominem attacks on the author instead of making meaningful application of the material

2.89 points

a meaningful attempt to explain or support ideas does not exist
Attention to instructions    2.25 points

demonstrated full understanding of requirements responded to each aspect of assignment    1.91 points

demonstrated understanding of requirements; missed one minor aspect of assignment    1.69 points

demonstrated some understanding of requirements; missed a key element or two minor aspects of assignment    1.46 points

failed to show a firm understanding of requirements; missed two key elements or several minor aspects of assignment    1.24 points

did not demonstrate understanding of assignment requirements
Clarity, including grammar    1.5 points

writing is clear and easy to follow; grammar and spelling are all correct;  formatting gives a professional look and adds to readability    1.28 points

most ideas are presented clearly; occasional spelling and/or grammar issues    1.13 points

wordy; some points require rereading to understand fully; more than an occasional spelling and/or grammar    0.98 points

unclear and difficult to understand; frequent spelling and grammar issues    0.83 points

largely incomprehensible writing/poorly written in terms of mechanics and structure
Adherence to APA Style (6th ed)    0.75 points

no APA style errors    0.64 points

attempts in-text citation and reference list but 1 or 2 APA style errors are present    0.56 points

attempts in-text citation and reference listing; APA style errors are present: inconsistencies in citation usage can be found throughout the document    0.49 points

attempts either in-text citation or reference list but omits the other    0.41 points

no attempt at APA style
Overall Score    Outstanding
13.5 or more    Superior
12 or more    Good
10.5 or more    Substandard
9 or more    Failure
0 or more

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