Question
Lottie is a barista at a coffee shop in New York City. She accepted an invitation from one of her customers, Bubba, to attend a
Lottie is a barista at a coffee shop in New York City. She accepted an invitation from one of her customers, Bubba, to attend a NASCAR race at Watkins Glen Race Track. The tickets Bubba had bought were very good, in the infield, and close to the racetrack. Lottie had grown up in Finland, and had never been to a NASCAR race before. Bubba told her his favorite part of the race was watching the race cars pull in for a "pit stop." She told Bubba that several of her customers had referred to stopping in to get coffee as a "pit stop," and had never knew what that meant. She was very excited about going to the NASCAR race
During the race, the famous race car driver, Dale Burnout, Jr., was cut off by another race car. Dale Jr. lost control of his race car and crashed into a wall next to the infield. Dale Jr. survived the crash, but as he jumped out of his burning car, he threw his helmet in anger into the infield. Lottie at the time was watching the pit stop crew work on changing tires for another car, and did not see the helmet coming at her. It hit her in face, breaking her nose.
Who is likely to prevail in a lawsuit filed by Lottie against Dale Jr. and Bubba.
A) Lottie will prevail in a lawsuit against Bubba for failing to warn her of the dangers of a NASCAR race and against Dale Jr. for negligence.
B) Lottie will not prevail in a suit against Dale Jr. because she assumed the risk of being injured at a NASCAR race by flying objects.
C) Lottie will prevail in a suit against Dale Jr. for negligence and not prevail against Bubba for failing to warn her of the dangers of a NASCAR race.
D) Lottie will not prevail in a suit against Bubba because she was watching the pit crew change tires at a NASCAR race instead of watching for flying objects caused by accidents during the race.
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