Legal Case Study: Bryan and Jennifer in a Landscaping Dispute - Analysis and Consequences

Bryan works for Greenthumb! Inc., as a landscaping and beautification laborer. On a bright, unusually warm sunny day in February, Bryan's supervisor directs Bryan to go Moody Park in Fairview Heights, Illinois, and plant a row of trees along a property line between the Park and some newly developed private residential homes. The supervisor indicated that the property line was professionally surveyed a few days prior by the City of Fairview Heights Engineering Division, and that the engineers had marked the boundary line with large, 3-foot-tall orange stakes. Bryan knew that although the Engineering Division was usually good at marking boundary lines, there were some recent incidents where they were allowing interns to do the marking and the interns had made some mistakes. But, Bryan did not feel like that was his problem, and besides, he was paid to do landscaping, not to worry about property lines. Bryan arrived at Moody park, located the orange property line markers, and began carefuly digging holes only along the park side of the property line.

As Bryan was digging the holes with a large shovel, the owner of the home and land on the other side of the orange cones, who goes by Jennifer, ran out the back door of her house and began frantically yelling at Bryan that he was digging holes in Jennifer’s backyard and that Bryan was trespassing. Jennifer then rapidly approached Bryan, got within 12 feet of him, and continued to scream at Bryan that he was to immediately leave her property. Bryan, confused by the raw display of anger and vitriol, and being sure that he was on park property, did not move and instead yelled back to Jennifer that he was on park property and that she was more than welcome to call the cops.

Bryan’s comments caused Jennifer to fly into a rage. She rapidly approached Bryan and came within 2 feet of him before she continued to scream about him leaving her property, cursed Bryan’s good name, and made other offensive, shocking, and racist comments about Bryan’s mother and children.  Bryan, normally pretty level headed, became enraged, and in a moment of anger, swung his shovel at Jennifer’s head. Although Bryan swung, he missed. As Jennifer jumped back in shock, she continued to scream at Bryan and mock him in a way that questioned his masculinity and ability to swing a shovel. Now further enraged, Bryan advanced on Jennifer and swung, this time not hitting Jennifer directly but coming close enough that the shovel brushed Jennifer’s clothing.

1. Jennifer sues Bryan for the intentional tort of trespass, and demands Bryan pay her

a. Will Jennifer prevail in her demand for

b. Will Jenifer likely prevail in her demand that Bryan stay off her landforever? Explain

2. Jennifer sues Bryan for the tort of assault and the tort of

a. Will Jennifer prevail in her claim that Bryan committed the tort of Assault?Why?

b. Will Jennifer prevail in her claim that Bryan committed the tort of Battery?Why?

3. Bryan sues Jennifer for defamation for her Instagram and Twitter postsregarding the 

a. What type of defamation case should Bryan bring against Jennifer for herposts?

b. Based on your answer in #3a, will Bryan prevail in his claim against Jennifer?

4. Jennifer’s lawsuit also names Greenthumb! as a defendant in her assault and battery suit, and argues that Greenthumb! is liable for Bryan’s

a. Explain what principle(s) might allow Jennifer to successfully arguethat Greenthumb! is liable for Bryan’s actions

b. If you were Greenthumb!’s lawyers, what might you argue as to why Greenthumb! is notresponsible?

5. The events that led both Bryan and Jennifer to end up in jail and ensnared in multiple lawsuits took place in Fairview Heights, Illinois. Bryan, thinking that the judges in Fairview Heights are weak, worried that jurors in the area will likely side with Jennifer, and knowing that juries in the City of St. Louis pay out largedamage awards, asks his lawyer to file suit against Jennifer in the State of Missouri’s 22nd Circuit Court in downtown St. 

a. Will Bryan’s lawyer be able to file suit against Jennifer in the 22nd Circuit Court? Why?

b. If both Bryan and Jennifer were residents of Fairview Heights Illinois, but we change every other fact such that the entire incident happened in the City of St. Louis, would your answer change? Why?