Posted: September 7th, 2017

Standing on a crowded city sidewalk, Ponzi and Dee, strangers, were standing side by side waiting for the city bus. Ponzi was talking loudly on his cell phone. Dee made a point of glaring at Ponzi, hoping that he would either stop talking or lower his voice. Ponzi kept talking loudly, seeming to ignore Dee’s glares. Dee faked a cough, then spat directly at Ponzi’s feet. Spittle landed on Ponzi’s worn and soiled hiking boots. Ponzi sues Dee for spitting on his boots. As the judge, you should:

Standing on a crowded city sidewalk, Ponzi and Dee, strangers, were standing
side by side waiting for the city bus. Ponzi was talking loudly on his cell phone. Dee
made a point of glaring at Ponzi, hoping that he would either stop talking or lower his
voice. Ponzi kept talking loudly, seeming to ignore Dee’s glares. Dee faked a cough, then
spat directly at Ponzi’s feet. Spittle landed on Ponzi’s worn and soiled hiking boots.
Ponzi sues Dee for spitting on his boots. As the judge, you should:
A. Grant a motion to dismiss because Ponzi did not suffer actual damages.
B. Grant a motion to dismiss because Ponzi could be expected to be spat upon while
waiting for the bus on a crowded city sidewalk.
C. Deny a motion to dismiss because Ponzi had no duty to mitigate his damag