Question
Dave was walking down Main Street in Hackettstown, New Jersey looking for lunch. John was also walking through Main Street, as was Riley. None of
Dave was walking down Main Street in Hackettstown, New Jersey looking for lunch. John was also walking through Main Street, as was Riley. None of them knew each other. Hackettstown was particularly crowded and there were people walking on the sidewalk, cars driving in the streets and cyclists riding in the bicycle lane. As Riley was walking, he saw a cyclist, Jim, riding in the bicycle lane heading directly for Dave who was walking in and out of the bicycle lane and the sidewalk. John also saw Jim heading for Dave but decided that he was not going to do anything to prevent Dave from being harmed. Riley was trying to decide what to do and he opted to try to help Dave so he began shouting crazily at the top of his lungs for Dave to watch out for Jim. Dave, who was currently not in the bike lane when Riley started screaming, was startled by Rileys screams causing him to jump into the bike lane. Jim, who was riding his bike with reasonable care, then ran over Dave causing damage to Daves elbow. Dave decided to sue John and Riley for negligence. Assume for the purposes of this question that New Jersey does not have a Good Samaritan Law. What is the likely result of Daves lawsuit against John and Riley?
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