QUESTION 1. TORTS Tom Brady and Stephen Balkaran are best friends, in fact, Brady often refers to Balkaran and the GOAT Professor. Tom accepted an invitation from Professor Steve to attend a Yankee baseball game in NYC. The seats Stephen had purchased were very good, a few rows up from the field, and just past first base. Tom Brady is not a baseball fan and in fact and knew nothing about baseball. During the game, a player, Derek Jeter hit a ground ball toward third base. The third baseman fielded the ball and threw it to the first baseman. Derek Jeter thought he was "safe," but the first base umpire called him "out." Derek began to argue with the umpire, and in frustration, Derek threw his batting helmet to the ground. The helmet, made of a strong, hard plastic material, bounced off the ground and flew into the stands, striking Tom Brady on his right arm, causing a serious injury and several cuts in his arm. Tom Brady never saw the helmet coming towards him because he was looking around the stadium at the time rather than at the play on the field. As he was unfamiliar with the game of baseball, he did not know that objects may occasionally fly into the stands during a baseball game. What arguments would Tom Brady make in support of a claim of negligence against the Stadium, Yankees, and player, what defense(s) can reasonably be asserted, and who is likely to prevail in a lawsuit filed by: 1. Tom against Derek Jeter? Discuss. 2. Tom Brady against Yankees? Discuss. 15 points Please remember from our last class: s stated, there are four elements of negligence that the victim must establish to show an entitlement to receive compensation. They include an owed duty - The first element is that the defendant owed the victim a duty. The duty was violated - The second element is that the defendant violated this duty in some way. The violation caused the injury - This violation must have caused the victim to suffer injuries. There must be a proven, direct link between the defendant's actions and the injuries caused. Proven suffering - Finally, the victim must have suffered in some significant manner