Jennie Johnson was driving east on Broadway in Tucson, Arizona, when her front left tire blew out, causing her to run off the roadway and into a cement barrier. She was severely injured in the accident and filed a lawsuit against Ultimate Tire Company and the Arizona Department of Transportation. The complaint alleges that Ultimate Tire Company sold Jennie Johnson a damaged tire. The complaint also alleges that the Arizona Department of Transportation (an agency operated by the state and not the city) placed a cement barrier too close to the roadway, which aggravated the injuries caused by the tire blowout. The complaint seeks $5 million in damages and the removal of all cement barriers on all roadways in Tucson. The tire and the pieces that blew off at the accident were removed by a bystander who was trying to help before the scene was investigated. During discovery, Ultimate Tire Company learns that Ms. Johnson has no photographs or other evidence about the condition of the tire. She only has the receipt for its purchase. The accident happened inside Tucson City Limits and the barriers were constructed by a contractor paid for with the City of Tucson's general operating funds. Question In support of her claim, Ms. Johnson is having her friend testify about the tire and why the tire might have malfunctioned. Her friend has no special training but has worked at a mechanic shop replacing old car tires with new car tires. You are the attorney for Ultimate Tire Company. What is the most appropriate motion to file to have the case dismissed? FRCP 56 Motion for Summary Judgment based on the argument that the evidence listed is insufficient to establish an essential element of the claim. FRCP 12 (b)(6) Motion to Dismiss for Failure to State a Claim upon Which Relief Can be Granted. FRCP 12 (b)(2) Motion to Dismiss for Lack of Personal Jurisdiction. FRCP 11 Motion for Sanctions against the plaintiff.