In IRAC format

Discuss:

• Is Sherman liable for the destruction of Priscilla's mink coat?

Cecilia wants to rent a bicycle to tour the downtown area of Big City. She goes to the Big City Bike Rental shop and is given a waiver which, in part, states, "Big City Bike Rental is not responsible for any injury. Should any injury occur, the customer hereby agrees to pay for all attorneys' fees that Motorized Bike Rental may require to defend themselves from customer's lawsuit." Cecilia signs the waiver and rides away.

As Cecilia is riding through a busy intersection, both tires on her bike spontaneously fall off the bike frame, causing Cecilia to fall to the ground. Meanwhile, Sherman is driving his car through the same busy intersection. Sherman, who is texting on his phone and not watching the road, doesn't see Cecilia and hits her with his car, breaking both her legs.

Fred, a pedestrian standing at the intersection, witnesses the accident. When he hears the crunch of Cecelia's bones breaking, Fred turns and throws up. He vomits all over Priscilla, another pedestrian, ruining her mink coat.