Jennifer is walking along a sidewalk in front of the Myrtle Beach SkyWheel. A Frito Lay Company truck driver is talking on the phone and strikes and injures Jennifer, causing her injuries and destroying her walker. The impact with Jennifer and the walker causes the walker parts to fly across the sundeck into the SkyWheel's Restaurant and causes a glass to fall from the table and cut's Eileen's leg. Eileen files suit against Frito Lay. 1-What legal theory/concept will Eileen use to go forward with his lawsuit? 2-What are the things/elements that Eileen must prove in court to recover damages from Frito Lay?