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1L Diaries: How I committed a tort on the way to my Torts final

Editor's note: KU Law student Kellie Mitchell wrote this journal entry during the 2009-10 school year as part of the 1L Diaries project. The diaries appear in the Spring 2011 edition of the KU Law Magazine. Read the full version of the 1L Diaries.

Dec. 10, 2009 — I did it. I’m incredible. I never cease to amaze myself. As Professor Mike Kautsch often says, I should receive a gold star. Did I rock my Torts final and set the curve? Who knows? What I do know is that on the way to my Torts final — my very first final in law school — I committed a tort.

I would probably classify it as a negligence issue, nothing of the intentional sort. A reasonable person of ordinary sensibilities may have taken more caution. Enough with the bad law jokes. Literally 30 minutes before my final, I pulled my SUV into the snow- and iced-glazed parking lot at the Burge Union. I needed to pick up some bluebooks just in case my laptop failed to cooperate.

There was an empty space with a pickup parked poorly in the adjacent spot. I thought I could make it. I was in no mood to scour the parking lot for other spaces. I pulled in slowly and wedged my car into the spot.

Then there was a little noise. No big deal. I like to call it a “love tap.” I backed up, pulled out and decided that, in fact, I did not and could not make it. I hurriedly found another spot and got out of my car to survey the damage.

The pickup was fabulous. No scratches, no dents, not even a hint of green paint had rubbed off of this ancient, but apparently quite durable pickup. Just to be sure, I had two other law students give me their opinions to make sure there wasn’t any damage. I didn’t want to have a hit-and-run on my hands. They both agreed the other car was in tip-top shape.

I was quite pleased with the turnout. No insurance claim, no hassle of hastily leaving an awkward note: “Hey, sorry I ruined your car, but I have a law school final now, so I’ll give you a call sometime. If you ever need legal services, let me know.”

Too bad my car didn’t come out of the situation as well. My little “love tap” somehow managed to crack my bumper, dent it beyond imagination, and scatter paint chips all over the parking lot.

So there goes Christmas. If anyone wonders why they didn’t receive a gift during the holidays of 2009, now you know. I was paying for the $1,000 love tap.

By Kellie Mitchell, KU Law

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