Part I

Jamal Goodfellow is extremely excited as he will be opening up his first gas station in Baltimore City upon completing business school. Texxon Raven is the name of the gas station. The gasoline was stored in tanks at the gas station for two weeks prior to opening day.

On opening day, Jamal is having a community barbecue to celebrate the grand opening. The weather is delightful. At 11:00 a.m. while clowns are setting up the magic stand for a magic show at the gas station, a huge explosion takes place, emanating from the gas tanks, and three children waiting for the magic show are hideously burned and a baby dies.

1. You work for Ali Ibrihim, Esquire, a solo practitioner, as a paralegal. Mr. Ibrihim is considering representing Jamal in a lawsuit filed by the children's families against Jamal for the death of the child and the injuries to the other children. Please advise Mr. Ibrihim in a memorandum regarding (a) whether Jamal should be held strictly liable for this gasoline explosion and (b) whether Jamal is liable for negligence. (c) Sam Gilligan was aware of the opening day festivities and is homeless. Sam hid in a tool shed in the back yard adjacent to the gas station property and was disfigured by the explosion. Jamal owns that property too and lives there. In the memorandum address what is likely to happen if Sam brings a suit against Jamal for his injuries.
2. This has nothing to do with question one. Simply read and answer the question in complete sentences. Rhonda is delivering flowers for Hopkins Florist. While driving the work vehicle provided by the Florist, Rhonda sees Mason Jackson, her tenth-grade boyfriend. Rhonda purposely drives the work vehicle close to Mason at a high rate of speed, as she is on her way to deliver flowers to a funeral. Mason is frightened and urinates on himself. Rhonda laughs uproariously. Mason broke up with Rhonda just before the junior prom and embarrassed her in front of the entire Woodlawn High School community. Rhonda never got over it. Rhonda is poor. Stella Hopkins who owns the Florist, is wealthy. What is likely to happen if Mason brings a tort lawsuit against Stella for the actions that occurred while Rhonda was driving the Florist vehicle?Fully explain.
3. In complete sentences answer the following: Paul has purchased land in northern Baltimore County near Hunt Valley, Maryland. Paul loves horses and nature and adores living in the country. Paul instantly fell in love with the property because it has tall trees, wildflowers, a natural lake in the shape of a star, and sits on the top of a hill. Paul's cousin drowned when he was a baby and ever since, Paul has feared children near water. Benny, Paul's neighbor, has a seven-year-old son named Freddy. While Paul was visiting his mom in Washington, DC, Freddy, as he normally would do, sneaked over to Paul's property, and put his toy sail boats in the lake. Paul caught Freddy doing this at least once before and thought it was cute, so he did not tell Freddy's parents. Sadly, on this occasion, Freddy fell in the lake and drowned. Freddy's mother is insistent on suing Paul because she found out Freddy sailed boats in the lake once before and Paul did nothing about it. What is likely to happen if Freddy's parents sue Paul? Fully explain your answer.

Part II

1. Please read Md. Code, Courts & Judicial Proceedings 3-1901;Md. Code, Courts & Judicial Proceedings 5-101Maryland law does not distinguish between different breeds of dogs or single out pit bulls for special treatment. All dog owners have a common set of responsibilities. Some Maryland counties have breed-specific laws, so make sure to check with your county. If your dog injures or kills someone, the law presumesthat you knew, or should have known, that your dog was dangerous.Thispresumption makes it easier for the injured person to sue you. You can present evidence that you did not know your dog was dangerous.HOWEVER,unless you can prove thatyou had this lack of knowledge, the law assumesyou knew or should have known. If your dog causes injury, death, or property damage while running at large, you are legally responsibleUNLESSthe person who was injured or killed or suffered property damage was doing one of these things: Committing or attempting to commit a trespass or other criminal offense on the property of the owner; Committing or attempting to commit a criminal offense against any person;OR Teasing, tormenting, abusing, or provoking the dog. If you are bitten, injured, etc.,from a dog,there is a set time window for filing alawsuitagainst the dog owner or landlord for a civil case.The victimhas three years"from the date it[action]accrues"to file a civil lawsuit against the dog owner or landlordunless the Maryland Code says otherwise.Usually, it is 3 years fromthe time of the incident.Failure to file thelawsuitwithin that time period may resultin the case's dismissal.This time limit only applies to civil cases.What are your thoughts about this? Do you agree with the time frame? Why or why not?
2. Billy moved next door to Tina. Billy's cherry tree has physically grown over from his property, over onto Tina's property. Tina is angry and is thinking of suing Billy because she is tired of rotten cherries falling in her garden. Fully answer and explain what may happen if Tina brings suit against Billy for trespass or nuisance.
3. Tommy and his associates stood near the gate to a farmer's field. Tommy and his friend Robin are intentionally horse playing with each other. Tommy picks up Robin and drops him over the gate; he lands on the ground in the farmer's field. Has Robin trespassed into the farmer's field? Fully explain your answer.
4. Mia notices a fire has started in the garden of her neighbor Felix's property. She breaks through the fence and runs over to the source of the fire with her garden hose spraying water everywhere. Mia manages to put out the fire, but in the process has trampled Felix's strawberry plants and broken some plant pots. Can Felix bring a successful claim for trespass to land? Fully explain your answer.
5. Raymond owns a house which is covered in climbing plants. Ivy grows across the boundary from Raymond's roof on to Amy's property next door, it grows over Amy's roof and blocks the guttering causing water to overflow and cause damage to the upstairs rooms of her house. Raymond also has a compost heap, which he adds smelly pig, horse, and cow manure to; the smell wafts across the garden to Amy's property. Can Amy bring a successful claim against Raymond and on what basis? Fully explain your answer.
6. Connie is hanging pictures and needs a new drill. Connie goes to Howie's Hardware and purchases a drill. Before purchasing the drill, Connie says to Howie, "I need this drill to drill through my metal wall so I can hang my pictures. Will this work Howie?" Howie says, "I aim to please, this drill is an ease. You will be as fine as wine." Feeling assured, Connie purchased the drill. If the drill cannot drill through metal, what if anything has Howie breached? Fully explain.
7. Rosa was making fresh pasta with a machine designed to turn off when the user opened the lid. When Rosa opened the lid, the machine malfunctioned and did not shut off, causing injuries that led to the amputation of Rosa's hand. The machine's manufacturer was in Italy and has no offices or employees in the United States. Rosa purchased the machine from an Italian distributor in Catonsville, Maryland.Will the distributor be liable for Rosa's injuries? The distributor did not make the machine and all warnings were printed in Italian. Fully explain your answer.