One afternoon at 3:00 pm, a Big Cat Park employee walked up to the leopard compound to feed the leopards.In the past, one of the male leopards, named Max, attempted several times to push open the small feeding gate to escape.The BCP employee was aware of Max's escape attempts, so he approached the compound carefully.However, as the employee turned his back and reached for a large piece of meat, he failed to notice the feeding gate was not secured.Max pushed open the feeding gate, knocked over the BCP employee, and ran into the crowd of on-lookers. Within seconds, Max was gone.The BCP employee radioed Celine for help.Celine immediately contacted Animal Control and the Winston Police Department.The search was on for Max.

Several hours passed, and two Animal Control officers found Max sitting up against a fence near the main highway.The officers cornered Max to capture him but Max jumped over the fence and landed on the highway.In the meantime, a car driven by Tonya was heading down the highway at 75 mph (the posted speed limit is 65 mph).Tonya had a hangover from the night before and was heading home from work.She was very sleepy but continued driving.Then Tonya's cell phone beeped.She looked down at the cell phone to read a text message. When Tonya looked up a few moments later, she saw Max in the middle of the road, and swerved to avoid hitting him. The vehicle spun out of control and landed in a ditch. Tonya was injured.Max disappeared into the underbrush by the highway.

what are the issues in the case? the rules that can be applied? and the application?