Harry is a self-proclaimed "scientist" who has the hair-brained idea to start a DNA paternity identification business. He decides that in order to start the business, he needs to collect as many hair samples from as wide a variety people as possible. He chooses the city bus as the perfect place to start.

One morning, Harry boards the public bus. He grabs a seat that is next to Passenger and behind Kim, a young woman with long, flowing blond hair. While Passenger watches, Harry takes his scissors from his knapsack and attempts to cut a large chunk of hair from Kim's head. Realizing that most women will be upset to lose a sample of hair to a stranger's shears, he figures that he might be able to collect hair samples without the women noticing. However, things do not quite go as Harry plans when it turns out that Kim's long, flowing blond hair is actually a wig that slips off her head when Harry attempts to collect his sample. Surprised, Harry apologizes and quickly returns the wig to Kim. Kim is beside herself with embarrassment, as she sits on the bus with her wig in her lap and her bald, patchy head exposed to her fellow bus riders.

Kim is so upset that she cannot even pull herself together enough to go to work that day. (At almost three months pregnant, she has found that she upsets more easily than she used to pre-pregnancy.) She goes home to her apartment that she shares with her longtime live-in boyfriend, Lonny, the father of her unborn child. Sadly, her upset is further exacerbated when her out-of-control emotions lead her to suffer a miscarriage.

After several weeks have passed, Kim is still beyond distraught. She talks to her best friend Alice, telling her that the bus attack and the miscarriage are the end of the road for her - she wants to commit suicide. Alice (an alcoholic whose judgment has been impaired by years of alcohol abuse) provides Kim with a large number of sleeping pills, hoping that Kim will use them to help her get some rest, but aware that Kim may use them to kill herself. Tragically, Kim uses the pills to commit suicide. (The penal code in this jurisdiction makes committing suicide, as well as assisting in the commission of suicide, crimes.)

A statute in this jurisdiction also provides:

"(i) No right of action for personal injury or for injury to real or personal property shall cease or die with the person injuring or injured. Any such action may be brought by the personal representative of the estate or against the personal representative of the estate.

"(ii) Whenever the death of a person results from an injury inflicted by the tortious act of another, damages may be recovered for the death from the person who caused it. The cause of action must be brought by and damages recovered for the benefit of the following (in

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the following order): (a) any surviving spouse; (b) if no surviving spouse, any surviving children; (c) if no surviving spouse or children, any surviving parents."

Kim's brother Bill and her boyfriend Lonny are all that Kim had left in this world, as she has no children and her mother died years ago after she and her father divorced. Kim has not been in contact with her Dad since she was a small child. Kim has left a valid will bequeathing all of her property to Lonny whom she names as administrator of her estate. Bill and Lonny seek your guidance as to causes of action that may be brought against Harry, Witness, or Alice for Kim's tragedy.

Please discuss possible tort actions, if any, and potentially viable defenses, if any. Be aware in this jurisdiction has adopted a pure comparative fault scheme. Do not discuss damages unless germane to the prima facie cause(s) of action or relevant defense(s).