geeslin v. bryant intentional torts. geeslin v. bryant plaintiff - bill geeslin: insurance agent -...

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Geeslin v. Bryant Intentional Torts

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Page 1: Geeslin v. Bryant Intentional Torts. Geeslin v. Bryant Plaintiff - Bill Geeslin: Insurance Agent - Blytheville, Arkansas Defendant - Kobe Bryant: Professional

Geeslin v. BryantIntentional Torts

Page 2: Geeslin v. Bryant Intentional Torts. Geeslin v. Bryant Plaintiff - Bill Geeslin: Insurance Agent - Blytheville, Arkansas Defendant - Kobe Bryant: Professional

Geeslin v. Bryant

• Plaintiff - Bill Geeslin: Insurance Agent - Blytheville, Arkansas

• Defendant - Kobe Bryant: Professional Basketball Player; NBA

Page 3: Geeslin v. Bryant Intentional Torts. Geeslin v. Bryant Plaintiff - Bill Geeslin: Insurance Agent - Blytheville, Arkansas Defendant - Kobe Bryant: Professional

Geeslin v. Bryant

• Incident occurred November 14, 2005

• FedEx Forum in Memphis, Tennessee

• NBA Basketball Game - Memphis Grizzlies vs Los Angeles Lakers

Page 4: Geeslin v. Bryant Intentional Torts. Geeslin v. Bryant Plaintiff - Bill Geeslin: Insurance Agent - Blytheville, Arkansas Defendant - Kobe Bryant: Professional

Geeslin v. Bryant

• Bill Geeslin brought Tennessee state law (intentional) tort claims of assault, battery, and intentional infliction of emotional distress against professional basketball player Kobe Bryant.

Page 5: Geeslin v. Bryant Intentional Torts. Geeslin v. Bryant Plaintiff - Bill Geeslin: Insurance Agent - Blytheville, Arkansas Defendant - Kobe Bryant: Professional

The Incident

Page 6: Geeslin v. Bryant Intentional Torts. Geeslin v. Bryant Plaintiff - Bill Geeslin: Insurance Agent - Blytheville, Arkansas Defendant - Kobe Bryant: Professional

Assault and Battery

• Tort requires an intentional act that causes bodily contact that is unpermitted, harmful, or offensive.

• Alleges that Bryant “without provocation, violently struck Mr. Geeslin with his elbow, causing the injuries and damages” (Geeslin v. Bryant, 2011).

Page 7: Geeslin v. Bryant Intentional Torts. Geeslin v. Bryant Plaintiff - Bill Geeslin: Insurance Agent - Blytheville, Arkansas Defendant - Kobe Bryant: Professional

Assault and Battery

• Geeslin was not able to present evidence “distinguishing injury caused by his initial contact with Bryant, from any injury caused by what Geeslin has described as Bryant’s intentional forearm, after the collision” (Geeslin v. Bryant, 2011).

Page 8: Geeslin v. Bryant Intentional Torts. Geeslin v. Bryant Plaintiff - Bill Geeslin: Insurance Agent - Blytheville, Arkansas Defendant - Kobe Bryant: Professional

Intentional Infliction of Emotional Distress

Tort Requires:• (1) intentional or reckless conduct• (2) conduct so outrageous it is not

tolerated by a civilized society• (3) a serious mental injury resulting

from the conduct(Geeslin v. Bryant, 2011)

Page 9: Geeslin v. Bryant Intentional Torts. Geeslin v. Bryant Plaintiff - Bill Geeslin: Insurance Agent - Blytheville, Arkansas Defendant - Kobe Bryant: Professional

Intentional Infliction of Emotional Distress

• After the incident, Geeslin described symptoms including anxiety and sleeplessness.

• Geeslin was not able provide necessary evidence of severe mental injury.

Page 10: Geeslin v. Bryant Intentional Torts. Geeslin v. Bryant Plaintiff - Bill Geeslin: Insurance Agent - Blytheville, Arkansas Defendant - Kobe Bryant: Professional

Summary Judgment & Settlement

• District Court granted Bryant’s motion for Summary Judgment.

• The purpose of summary judgment is to avoid unnecessary trials.

• However, a trial can sometimes still be necessary to determine the amount of damages.

• Can also simplify a trial, when partial summary judgment comes with certain issues or claims

Page 11: Geeslin v. Bryant Intentional Torts. Geeslin v. Bryant Plaintiff - Bill Geeslin: Insurance Agent - Blytheville, Arkansas Defendant - Kobe Bryant: Professional

Judgment & Settlement

• Case was set to go to jury trial, but on the day the jury trial was set to begin, both parties reached a confidential settlement of the case.

Page 12: Geeslin v. Bryant Intentional Torts. Geeslin v. Bryant Plaintiff - Bill Geeslin: Insurance Agent - Blytheville, Arkansas Defendant - Kobe Bryant: Professional

Future Professional Application

• ALWAYS have proper assumption of risk and liability release waivers in place.• Ensure that events &

programs have safe spectator seating

Page 13: Geeslin v. Bryant Intentional Torts. Geeslin v. Bryant Plaintiff - Bill Geeslin: Insurance Agent - Blytheville, Arkansas Defendant - Kobe Bryant: Professional

Citation• GEESLIN v. BRYANT, 453 Fed. Appx. 637, 2011 WL

6415119 (C.A.6 2011)