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On April, 24, 202x, Eliza, who lived in Hamburg, WI asked her friend Clara if she could borrow her pickup in order to transport her

On April, 24, 202x, Eliza, who lived in Hamburg, WI asked her friend Clara if she could borrow her pickup in order to transport her used furniture to Center for Progress, a local non-profit in Wausau. Center for Progress assists victims of domestic violence to restore dignity to their lives through Safe Haven Home (a housing facility for immediate temporary housing for DV victims), educational assistance, job training and short-term financial resources. Clara initially hesitated to say yes, because she knew of Eliza speeds and has had traffic violations in the past. However, she believed in the mission of Center for Progress, and had made numerous contributions to Center for Progress in the past. Reluctantly, Clara agreed to let Eliza use her pickup and gave her the keys. That night, Eliza drove the pickup carefully and dropped off her furniture at the Center for Progress resale store. It was a drizzling that night and the roads were damp. The resale store sells used merchandise and clothing to provide funding the Center for Progress' various programs. In addition, clients of Center for Progress receive donated goods through the store. After delivering the furniture, Eliza stopped off at Moose's saloon for a "quick beer" prior to heading home. Eliza has three drinks (1 beer and 2 shots) in 45 minutes. Eliza returned to the pickup and headed home. Realizing how late it had become, and in a hurry to return the pickup to Clara before it "got too late," Eliza sped as much as 25 miles over the speed limit on the return drive.

While rounding a curve on County Road O, she lost control of the pickup, which slid off of the curb (there was no guardrail) and down the embankment, coming to a stop by crashing into a small tree. It is unknown what Eliza's blood alcohol level was at the time of the incident. Eliza emerged from the pickup dazed but, amazingly, was unharmed. The pickup, however, was totaled.

Nick is a semi-professional soccer player for Wausau United, a team in the Northern States Soccer League (NSSL). As a semi-pro player, he was on a "pay to play" contract and earned $5,000 for every match in which he started, $2,500 for every match in which he came on as a substitute and $1,000.00 as an unused substitute. He was not paid at all if he was not picked for the game day list of 18 players. Nick, a forward, was the second leader scorer for WauU last season (scoring 8 goals in 16 matches) and was projected to be a game day starter this season, as the leading scorer from the previous season was transferred to the Chicago Fire in Major League Soccer at the end of last season.

Nick was returning home from an early season match against the Wausau United's bitter rivals, Eau Claire (nicknamed the Red Devils) and witnessed the crash. Always eager to assist people in trouble, he ran down the hill to help, but in doing so, he tripped in the tread marks made in the mud by the pickup and severely sprained his knee.

An ambulance took Nick to the hospital, where the E.R. doctor immobilized his ankle with a soft cast, gave him crutches, and prescribed 12 weeks of physical therapy. The sprain prevented Nick from joining the team for another three months, effectively ending his season. He missed 14 out of 20 matches, only returning for the final five games of the season, against Appleton Palace, Chippewa Falls (the "Chippers"), Iron Mountain (nicknamed, of course, the "Irons"), Green Bay and a return match against Eau Claire. He failed to score any goals upon his return, as was not fully "match fit." WauU ended up 6th in the league and missed out on the post-season tournament.

Questions:

  1. Can Nick recover his medical and therapy costs? If so, from whom? Explain your answer.
  2. Can Nick recover the income lost from the three-month delay? If so, from whom? Explain.
  3. Discuss any issues of joint and several liability as applied to Nick's claims.
  4. Does Eliza have a claim against Clara?
  5. Does Clara have any claims against Eliza?

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