Bikini Bottom Construction employed two carpenters, Patrick Starr and Sandy Cheeks, who assisted in the construction of a downtown office building. Starr and Cheeks had previously been suspended by Bikini Bottom for a week after an argument with a group of electricians on the jobsite erupted into a fistfight. The construction project was behind schedule when a supervisor ordered Starr and Cheeks to pick up a load of roof trusses with the company truck.
At approximately 1:30 a.m. Starr and Cheeks were returning to the jobsite with a load of roof trusses when they stopped in the left-hand lane at a stop light. Squidward Tentacles, driving a Dodge Town and Country minivan, pulled up in the right-hand lane next to Starr and Cheeks. Starr began screaming vile and threatening obscenities at Tentacles, shaking his fist, and making obscene gestures in a violent manner. According to Tentacles, Cheeks revved the engine of the truck and moved the truck back and forth while Starr was threatening Tentacles. Tentacles claims that Starr threatened to remove him from his van and spat on his van door when the traffic signal turned green. Tentacles stated he was very frightened and thought Starr was under the influence of drugs or alcohol. Tentacles was able to write down the license tag number of the car. Starr stated he did not intend to scare, upset, or harm Tentacles, but “didn’t really care” how he felt. He was trying to amuse his friend, who was laughing at his antics.
When the traffic Signal changed to green, both vehicles drove forward. According to Tentacles, after they had driven approximately 10 feet, Cheeks veered the truck suddenly into his lane, and he reacted by steering his van sharply to the right. Tentacles van struck the curb, causing his head to hit the steering wheel and snap back against the seat, after which he fell to the floor of the van. The collision was painful, but fortunately resulted in no physical injury such as a bruise or a laceration.
Tentacles has now filed suit against Bikini Bottom, claiming damages. Although Starr and Cheeks have said their only intent was to amuse one another, and they deny any intent to frighten or harm Tentacles, he claims that as a result of the incident he was “very, very frightened.”
You are an associate with the firm that represents Bikini Bottom. Please evaluate the claim identifying each legal cause of action and citing the rule as we have learned it from our E-Text, Required Resources and Discussions and make a memorandum.