Business Law Question: Will give thumbs up need answer please.

In early 2017, the Town of Butler, Tennessee hired Insight Pyrotechnics, Inc., a North Carolina corporation (Insight) to perform the annual Fourth of July Watauga Lake Fireworks Show on July 4, 2017. Insight is engaged in the business of designing, setting up and executing fireworks and pyrotechnical displays across the Southeastern United States. Insights design for the Fourth of July Watauga Lake Fireworks Show on July 4, 2017 is generally described as follows: The actual fireworks or shells are placed inside of fiberglass tubes known as mortars, and the mortars, in turn, are placed inside of wooden racks that are arranged according to the design for the show. Once the racks are in place, they are secured to one another, and A frames are nailed to the end of each row for additional stability. The racks are then placed onto a floating barge which is then pulled by a tug boat out to an area in Watauga Lake which is over 1,000 yards from the nearest shoreline of Watauga Lake. During the course of the show, a technician would hand light each shell, which contained a three or four-second safety fuse, with a road flare. The flame would burn down to the lift charge, which would propel the shell out of the mortar and ignite the timer fuse, the length of which depended upon the duration of lift desired for each shell. The timer fuse would then ignite the burst charge, which would open the shell and create the starburst patterns in the night sky. The shell count for the Fourth of July Watauga Lake Fireworks Show on July 4, 2017 was 1,000 shells and 1,500 illuminations. These shells would be shot out of 75 six-inch (6) mortars, which were secured three to a rack. The industry standards required a safety radius of 100 feet per inch based upon the largest mortar utilized, resulting in a radius of 600 feet for the Fourth of July Watauga Lake Fireworks Show on July 4, 2017. Steve and Karen Parks (Parks) own a house on the shoreline of Watauga Lake and each year they host a Fourth of July party at their lake house to watch the Watauga Lake Fireworks Show. On July 4, 2017, like many past years, the Parks hosted their Fourth of July party at their lake house. The party began around 5:00 P.M. and around 50 people attended the party. The Watauga Lake Fireworks Show was set to begin around 9:00 P.M. so at about 8:45 P.M. the Parks and their guests gathered on the Parks large back deck which faced out onto Watauga Lake to watch the Fireworks Show. The Fireworks Show began shortly after 9:00 P.M. and went lasted for about 40 minutes. Near the end of the Fireworks Show, Insight began the finale, which consisted of the ignition of over 75 shells and 150 illuminations during a ninety second period to close out the Fireworks Show. Hunter, the Parks three year old one hundred seventy five pound Great Dane was sleeping in the living room of the Parks lake house when the finale began. The frenetic pace of the bursts of the shells during the finale abruptly woke Hunter causing him to run out onto the Parks large back deck. While attempting to stop, Hunter crashed into Sam Lukes, one of the Parks party guests. The collision pushed Sam over the railing of the back deck, causing him to fall over thirty (30) feet to the rocky shoreline of Watauga Lake below. Due to Sams injuries, he was flown by helicopter to Johnson City Medical Center for emergency treatment. Sam spent over a week in intensive care before being released for further Page 3 of 4 outpatient treatment. Sams initial medical bills totaled over One Hundred Thousand Dollars ($100,000). On January 5, 2018, Sam filed a lawsuit against Insight in Johnson County, Tennessee Circuit Court alleging Insight was negligent in its design and execution of the finale and that negligence caused Sams injuries. Insight filed a motion for summary judgment, arguing that Sams negligence claim should be dismissed because Sams claim fails to establish all the necessary elements of a negligence claim.

i. What is the primary issue in this fact pattern?

ii. What is the rule or rules applicable to determining this issue (explain the rule or rules)?

iii. Analyze the issue using the applicable rule or rules.

iv. What is your conclusion based upon your analysis?