II. April owns a 1969 VW van. Lately the van has frequently been popping out of gear. April plans to have the van repaired the next time she gets paid. Late for work one day she parks the van on a steep hill and forgets to put on the parking brake. Later the van rolls down the hill into a telephone pole. A power line is knocked down and sparks from the broken line ignite a grass fire. The fire spreads a short distance to a shed that is used to store fireworks. The shed explodes and a piece of the roof strikes and injures a passing motorist, John. John sues April.

4. List and then apply each element of a suit for negligence to the facts to determine if John can recover from April.

5. Are there any defenses that April could assert which might relieve her of liability for John's injury? Explain your answer.

6. Under what legal theory might John sue the owner of the shed which held the