Question

Marjorie Meadow was directing a movie that included a scene featuring an off-duty police officer who is in a convenience store when an armed robbery takes place. Meadow had arranged with a local convenience store to close the store at 11:00 p.m. so that the filming could take pace, and had a large film crew and actors assembled to shoot the scene. At midnight Barbara Baxter had been driving on the highway on which the convenience store was located when she ran out of gas. Seeing the lights of the convenience store in the distance she decided to walk toward it with a gas container she found in the trunk in the hope of getting a gallon of gas. As she got closer Baxter thought the convenience store was unusually busy, but she was relieved to see it was still open. Before she recognized that it was a movie scene, an actor came running out of the convenience store waving a pistol. Baxter was extremely frightened. If Baxter sued Meadow for assault, would she prevail?

a. Yes, if Meadow was reckless in causing her to be frightened;
b. Yes, but only if it were substantially certain that Baxter would experience apprehension of an imminent harmful or offensive contact;
c. No, if Baxter was unreasonable in failing to recognize that it was a movie set;
d. No, if Meadow thought that Baxter was just part of the movie set.

Answer 1

b. Yes, but only if it were substantially certain that Baxter would experience apprehension of an imminent harmful or offensive contact;

Step-by-step explanation:

I'm not really sure how someone cannot tell a film is being shot, but if Barbara Baxter can prove that she actually thought her life was in danger by the actor running with the fake gun, then she could sue Meadow and the production team. This is rather unusual since filming a scene requires a lot of people, but maybe they were all inside.