Reference no: EM132189274

Ben parked his car in a “no parking” zone at the top of a steep ice-covered hill on a city street. Ben forgot to set his parking brake. A short time after walking away from his car, Ben’s car started sliding down the icy hill.  

Ben’s car hit Kathy’s car which was parked legally in her driveway, causing $2000 damage. Ben’s car also hit and destroyed Priya’s tricycle which was in her front yard while she played in the back yard. When Priya’s father Daniel looked out his front window and saw Priya’s mangled tricycle, he thought Priya had been injured and ran to help her. Daniel tripped on his front porch step and fell, hitting his head and sustaining serious brain injury.

As a result of his fall, Daniel failed to pick his wife up from work and she was forced to walk home at the end of her work shift after dark. While walking home, Daniel’s wife, Wanda, suffered frostbite and lost the tips of several of her fingers.

Kathy, Priya, Daniel and Wanda all filed lawsuits against Ben for causing their property damage and injuries.

a) Discuss the claims of each of these plaintiffs.

b) Upon what legal theory would they likely sue?

c) What are the elements that they would have to prove?

d) Does Ben have any defenses he might assert?

e) What is the likelihood of each plaintiff’s success against Ben?