Kevin was driving his tractor up a public dirt road, hauling…

Written by Anonymous on February 17, 2026 in Uncategorized with no comments.

Questions

Kevin wаs driving his trаctоr up а public dirt rоad, hauling a heavy lоad of cut timber from the woodlot at the back of his farm.  The timber was loaded on a long flatbed trailer, and the tractor was pulling it.  Low on fuel and wanting to take a shorter route home to avoid running out of gas and having to walk several miles, Kevin took a shortcut across his neighbor’s corn field.  On his way across the field, Kevin’s trailer collided with a fence post, knocking the post into the mud and snapping the attached fence.  The trailer ran over the fallen fence post, and jostling several of the logs from his load into the mud in the field.  They rolled and damaged the field significantly, causing large gauges in the wet soil.  The weight of the heavy load on the trailer also crushed several drainage culverts that had been installed below the surface of the corn field, causing significant flooding that washed away the newly sown corn seed. Morty owned the field that Kevin had driven through.  Morty was furious at the damage he saw in his field and knew that the cost to make repairs and re-seed the field would total $50,000 at least.  He immediately went to Kevin’s property and confronted him about the damage. Kevin was sitting on his tractor.  A verbal fight escalated, until finally Kevin threw his hands up into the air and yelled, “Forget it! That’s it, you’re done!” and he started to climb down off his tractor to approach Morty.  In an instant, Morty punched Kevin in the face, knocking him unconscious. Angered by the argument and by the damage to his field, and knowing that Kevin’s tractor was worth about $50,000, Morty left Kevin laying on the ground and took Kevin’s tractor back to his own place. Gloria was an on-duty EMT driving an ambulance down the road when she saw Kevin unconscious on the ground.  She stopped her ambulance and immediately provided CPR to resuscitate Kevin.  Kevin regained consciousness but suffered broken ribs during the administration of the CPR.  Gloria instructed Kevin to step into the ambulance for evaluation, and he complied.  After a short exam, Gloria insisted that Kevin come in the ambulance to the hospital for further evaluation, emphasizing that she was afraid he may have more serious injuries.  Kevin didn’t want to go, but he was already sitting inside the ambulance when Gloria closed the ambulance doors.  Gloria instructed Kevin to lie back on the stretcher, and when he did, she secured him to the stretcher with straps before beginning to drive to the hospital. Discuss any intentional torts and any available defenses.

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