Reference no: EM133458721

Question

Ruby is driving down a two-lane highway one evening at dusk when a sheet of plywood flies out of the bed of a truck coming toward them. The plywood penetrates the cab of Ruby's truck, shatters their windshield, and strikes Ruby. Ruby sustains severe, long-lasting injuries to their left arm and hand, requiring them to receive ongoing medical treatment and causing them to suffer a substantial wage loss. Ruby claims that the truck, driven by an employee of Construction Wizards, Inc., was improperly loaded at the time.When Ruby and the truck driver get out of their vehicles, the truck driver, who is unnerved by what has transpired, begins, out of their nervousness, to laugh; and Ruby, who is very shaken by the trauma, becomes enraged. First, Ruby reaches down and hurls a rock at the truck driver, but the driver ducks and it misses them. Ruby is more accurate with their umbrella, however, and manages to land a few blows before the driver grabs the umbrella from them. The driver screams a few epithets at Ruby before leaving the scene, taking the umbrella with them. Ruby runs back to the car, pulls out a rifle, and takes a shot at the driver's tires but misses and they get away. Ruby then is forced to walk several miles to find a telephone. They finally cut across a pasture on their way to a ranch house, unintentionally spooking some of the horses in the pasture, causing one of them to be injured in the ensuing stampede.

1. What intentional torts were committed by Ruby?

2. What intentional torts were committed by the truck driver?

3. What defenses could each of them raise?

4. Can Ruby be held liable for the injuries sustained by the horse?