Assignment Task: "THE FUNERAL"
PAN and DISS are rival gang members competing for business in the illegal drug trade and have vowed to kill each other if given the chance.
DISS was driving through his neighborhood when he saw PAN shopping for fruit in front of a corner market. DISS stopped his car across the street from the store, pulled out a gun and took aim at PAN. PAN saw the gun, became frightened, and quickly dropped to the ground behind a large trash bin. DISS shot at PAN, but missed. Although the bullet missed PAN, it passed through the store window and hit PAN's three-year old son, LITTLE, who was inside the store playing with the store owner.
PAN stayed on the ground until he saw DISS drive off. He then shot twice at the tires on DISS's car, trying to stop him, but he missed. DISS sped off after hearing the shots.
LITTLE survived three days in the hospital, with PAN by his side the entire time, but then died. PAN was devastated and contemplated suicide, blaming himself for his son's death.
A week later, at LITTLE's funeral, with PAN and many family members present, DISS showed up. Acting disrespectfully, Diss spray painted his gang's colors on the coffin that PAN had bought for the funeral and walked away. Not knowing what DISS might do next, and feeling threatened and totally outraged, PAN pulled out a gun and shot DISS in the back and killed him.
1. PAN sues DISS in intentional tort. What result?
2. DISS sues PAN in intentional tort. What result?
(Assume the deceased parties are properly represented by their estates or other legal representatives; be sure to discuss all torts and privileges that are raised by the facts.)