During the course of performing a root canal on Dawn, Dr. Toth, an oral surgeon, gets an implement stuck in Dawn's tooth and it breaks. Dr. Toth cannot extract the broken piece of the implement from Dawn's tooth, so he leaves it there. He completes the root canal and does not disclose to Dawn that he has left part of a dental implement embedded in her tooth. Dawn's other dental work, including the placement of a crown on the tooth with the implement in it, is then completed. Two years later, Dawn begins to have significant problems with the tooth on which Dr. Toth performed the root canal. Dawn has a serious infection that requires the removal of not only the tooth that Dr. Toth performed the surgery on, but also the teeth on either side of it. She misses a significant amount of work to have the dental work performed and suffers a considerable amount of pain.

• a. Does Dr. Toth's conduct meet the requirements of a negligence claim? Connect each element of a negligence claim to the fact pattern.
• b. Explain why or why not for each element and cite the applicable laws.

Jason's neighbor has a large sycamore tree located near the fence between the two properties. The tree drops leaves and sycamore balls in Jason's yard each fall. Jason has repeatedly asked his neighbor to trim the overhanging branches so his yard will not receive the litter from the tree, but the neighbor refuses to cut back the tree. While the neighbor is on vacation, Jason drills holes in the trunk of the tree just below ground level and also drills through any roots with which he comes into contact.

• a. Does the neighbor have a cause of action against Jason if the tree dies?
• b. What would be the legal basis, the elements, and how is each element satisfied by the facts provided and is anything missing?
• c. Cite the applicable laws