Analyze the following fact pattern and explain in detail, research and case law, the likely outcome.
Jerry was a passenger on a train run by Rolling Enterprises. He was traveling from Miami to Cincinnati to see his brother. While on the train, Jerry got into an argument with Harold about which baseball team was better, the Reds or the Marlins. The two men got so loud that Harold was asked by a train attendant to change his seat.
Harold did change his seat and for the next hour consumed roughly 6 gin and tonics provided by another train attendant. After becoming intoxicated, Harold went over to Jerry and punched him square in the face, breaking Jerry’s nose. Jerry was “the bigger man” and refrained from punching Harold back, and Harold was escorted to another train car for the rest of the train ride, which was another 30 minutes.
Upon arriving at the Cincinnati train station, the attendants escorted Harold off of the train and out of the train station to a waiting taxi. The attendants did not let Jerry off of the train until Harold was escorted off of the premises.
Jerry exited the train and went to have a bite to eat at the train station deli. After roughly 25 minutes, while he was finishing his sandwich, Harold came up from behind him and hit him with a baseball bat. Harold had taken a taxi back to the train station after initially leaving, and came back for the sole purpose of attacking Jerry.
While Harold was running from the scene after attacking Jerry, he tripped on a suitcase that was placed in the middle of the walkway and fell onto the train tracks, breaking his leg. As he was lying there with his leg broken, an attendant called for security to help him off of the tracks, but before security arrived, Harold was run over by a train entering the Cincinnati Station.
Discuss the following:
Jerry’s cause of action against Rolling Enterprises.
Harold’s cause of action against Rolling Enterprises.
