OTR: Kevin the Tort Machine

Just being difficult:

Professor C: “And by the way, I’m just responding to what you’re saying. If you were saying what I was saying, then I would say what you’re saying.”

Gotcha

The professor puts a slide of a statute up…

33 USC § 1321(f)(2) Liability for actual costs of removal
(1) Except where an owner or operator can prove that a discharge was caused solely by

• (A) an act of God,
• (B) an act of war,
• (C) negligence on the part of the United States Government, or…

Professor V: “Who has the burden of proof here? How do we know?”
Student: Uh… (tries for several minutes to explain.)
Professor V: “This one is actually so easy …that’s why you’re missing it! Let’s read the statute shall we? Except where an owner or operator can prove… hm. Seems like the statute is telling us who has the burden of proof…”

Kevin the tort-machine.

Professor T: “So, Ted, let’s say Kevin pushes you into a hole on the street. Is the creator of the hole liable?”
Ted: “Why would Kevin want to push me?”
Professor T: “Doesn’t matter. He does.”
Kevin: “And I pushed him hard too!”
Professor T: “Why is that?”
Kevin: “Cus If I get sued I’m going to make it count!”