Question

n a bicycle race with a $5,000 prize for the winner, a cyclist was leading by a significant margin. A spectator at the race was married to the second place rider. Sensing that her husband would not win unless she took action, the spectator drove to a point two miles ahead on the course, scattered several nails in the middle of the course, and then left the area. Soon thereafter, the cyclist approached the area and noticed the nails. He attempted to swerve around the obstruction but a nail punctured his tire. He fell off his bike, suffered significant physical injuries, and was unable to complete the race. If the cyclist sues the spectator, under what theory is the cyclist least likely to recover maximum punitive damages

Answer 1

Answer: intentional infliction of emotional distress.

Step-by-step explanation:

In order for an individual to be able to make a claim of intentional infliction of emotional distress, it is required that the plaintiff must prove that the defendant intentionally acted recklessly or caused emotional distress to the person. In this case, there no evidence that an emotional distress was suffered.

Therefore, the theory that the cyclist is least likely to recover maximum punitive damages is intentional infliction of emotional distress.