Question
Paula was sitting outside her home on her lawn studying for her Business Law exam. On the street, Daniel, an adult, was riding a child
Paula was sitting outside her home on her lawn studying for her Business Law exam. On the street, Daniel, an adult, was riding a child sized "Smarty Pants" motorized scooter made by Wheels-R-Us, Inc. Daniel attempts to jump a home-made ramp and lost control of the scooter. The scooter jumped the curb in front of Paula's house and ran over her fingers! All five fingers on Paula's right hand are broken, and her Business Law textbook is ruined. Paula saw the scooter coming at her, and tried to get out of the way but didn't clear the wheels in time. Daniel said that he tried to stop the scooter, but the brakes gave out and that he didn't even anticipate that Paula would be sitting on the ground that close to the street. Paula believes, however, that Daniel was really attempting to scare her into thinking he was aiming for her because Daniel is a tease. Paula has surgery to repair her hand and will spend several weeks in a cast in a painful recovery. Paula can no longer write, and therefore cannot write her Exam, which causes her stress. On hearing of the accident, Wheels-R-Us issued the following statement in response to the lawsuit: "Our scooters are for smart kids, not stupid adults."
Considering this scenario, set forth the torts that you see in the case, making sure to appropriately classify each tort, and identify each of the elements necessary to make up the tort claim.
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