The following hypothetical has been created specifically to test your knowledge following the review of your materials. While it may reference real or recognizable individuals, the hypothetical has been created purely for testing your knowledge and is not true.
Thanks to the #MeToo movement, women of all ages have come forward to share stories of sexual assault and harassment…inspired by this movement I decided to go to Time Magazine on December 31, 2017 and document a sexual assault that occurred to me because of and by Nicki Minaj while assisting her as an extra on a video shoot approximately 5 years ago.
Ms. Minaj visiting friends in New York and out purchasing Alcohol for the New Year celebration learns of this accusation on Twitter that same day and immediately leaves to go see her legal counsel. Rushing and running down to the subway, she rushes pass two Metro officers who know running is not allowed, but are star-struck and refrain from stopping her. Ms. Minaj slips on a step dropping her package of Cristal on the platform which causes a passenger exiting the train to slip back falling into the train conductor who was about to close the subway cockpit door. As he fell into the cockpit, he accidentally hit the start button which cause the train to move forward just has Dr. Brenda Hellyer was boarding, which caused her to fall and break her leg as she fell between the train and platform.
Based on your reading:
1. Would Ms. Minaj have a cause of action? To establish such action, what would she have to prove?
2. Dr. Hellyer sues the NY Transit authority (over Subway trains) as a result of her injuries…does she have a cause of action? What will she have to prove?