B.J. is a truck driver employed by Bear Transportation Inc. One very foggy evening his truck breaks down on the highway.B.J. sets up neon warning markers to alert approaching drivers. He is unable to get cellphone reception, so he decides to leave the truck at the side of the road and walk to safety. A limo filled with partying grad students sees the neon markers. The passengers yell until the driver stops and one partier, Bud, as a prank, takes the neon warning markers. As usual, David is speeding in his fancy red sportscar with his long term girlfriend Roxanne. David does not see the truck in time and scrapes along the side as he drives by.Fortunately the air bags save David and Roxanne from serious injury, although Roxanne misses two weeks of her contract employment plus requires pain killers and physiotherapy. David currently has no insurance and lives pay cheque to pay cheque, due to his car payments.

a. Name one possible defendant that Roxanne may sue on the basis of negligence. (1 mark)

b. List the 5 elements of negligence and discuss each element by applying the facts of this case with respect to the defendant you selected. (5 marks)

c. Based on your analysis and considering any potential defence, will Roxanne be successful with her negligence claim against the chosen defendant? (1 mark)