ASSIGNMENT FOR BLR 202/235 Farmer Engler operates a dairy farm west of Mt. Pleasant. As part of the daily responsibilities, the cows are milked and the milk is put into a storage tank. The tank is then emptied by the dairy truck driver, who comes each day and pumps the milk into the transport tanker. The milk is then comingled with the other farms on the driver's route. In this case, there are three other farms that produce milk that is picked up by the same driver after the truck leaves the Engler farm. The milk is then taken to a dairy processing facility in Ovid-Elsie and mixed with the milk from all of the other farms in the area and the various dairy products are produced - whole milk, 2% milk, skim milk, cream, whey, etc. At each farm, the truck driver takes samples of the milk. (There are four samples from each farm and they are put into sterilized glass mason jars.) These samples are later tested at the dairy's lab each day to insure that the milk is free from contaminants. After the milk is taken from the Engler farm on 09/30/11, the farmer discovers that there are empty penicillin vials on the storage tank floor. (Penicillin is commonly available on dairy farms to treat the cows.) Fearing that the penicillin had been dumped into the milk in the storage tank, Famer Engler immediately calls the dairy. The testing of the day's samples from the Engler farm confirm the worst fears in that the tests detect the presence of the penicillin. Unfortunately, by the time that the milk poisoning had been discovered, the Engler milk had been comingled with all of the other farmer's milk in the dairy's processing for the day. Per the Michigan Health Code, all of the milk had to be destroyed and the entire day's production was lost. The milk was powdered and buried at additional costs. The dairy was shut down for 2 days while all of the equipment was cleaned and purged of any traces of penicillin. The total costs for the lost production and clean up were approximately $830,000. Engler has insurance, but, only a $100,000 limit. The milk production from the other three farms that are picked up with the Engler milk is also lost for the day. The dairy refused to pay for that milk since it was contaminated. Please identify at three different torts. For each tort, describe the elements and what particular tort would apply. Cite any cases or rules that you think apply. THE ASSIGNMENT IS DUE FEBRUARY 01, 2022, AT THE BEGINNING OF YOUR CLASS