On opening day of the 2019 MLB Season, lifelong Giants fan Bryan purchased tickets to attend the game with his friends at Dodger Stadium. Inside the stadium, Dodger fan Fanny Ramirez hassled Bryan and his friends, saying, "I'm gonna get you after the game." Bryan did not seem concerned, as nearly 50,000 people were attending the event, so he yelled, "Get lost!" and walked away.

After the game, Bryan and his friends were celebrating the Giants win and taunting Fanny. Fanny grabbed a baseball bat and hit Bryan, knocking him unconscious and sending him to the ground. When Bryan fell, the ground was hard enough to fracture part of his skull, requiring major surgery. Bryan has spent nearly $100,000 in medical bills because of this incident.

Normally, Dodger Stadium security is expected to be present on the scene within 10 minutes of reporting any incident; this altercation took security 15 minutes due to it being opening day. Additionally, Dodger Stadium is expected to have lights installed and functioning to ensure there are no dark spots in the parking lots. A number of lights around the area where Bryan was injured were either burnt out or were missing light bulbs entirely.

On the back of Bryan's ticket to the game, the Dodgers have included a statement: "All persons entering this event are responsible for their own safety and assume the risk of any injury during the game, including the danger of being injured by equipment, objects, activities, promotions, events or spectator areas, and you acknowledge and agree that your attendance at the game is completely voluntary. The Dodgers or Major League Baseball are not responsible in any way for any injury that occurs as a result of attending the game."

Today, Bryan walks into your office wanting to (1) sue Dodger Stadium for negligence, and (2) sue Dodger Stadium and Fanny Ramirez for intentional torts. He asks you the following questions:

Question 1: Negligence (10 points) [Note: Do not discuss anything that Fanny did for these questions.]

1. Intro: Which party (Plaintiff or Defendant) has the burden of proof in this case? What standard of proof (POE or BRD) does that party have to prove?
2. Law: What is the rule for negligence? What are the four elements of negligence?
3. Plaintiff Argument: What is one legal argument that Bryan can make and why?
4. Defendant Argument: What is one legal defense that Dodger Stadium can make and why? (2 points)
5. Conclusion: Is Dodger Stadium liable for negligence? Why or why not?

Question 2: Intentional Torts (5 points) [Note: Do not discuss anything Dodger Stadium did for these questions.]

1. What intentional tort is Fanny most likely to be liable for and why?
2. What is Fanny's best defense?
3. If Bryan wants to sue, should he file in State Court or Federal Court?
4. Why should Bryan sue both Dodger Stadium and Fanny?