QUESTION 29

Mary, a truck driver, celebrated Valentine's Day by drinking a lot of champagne at the office party. Mary had to go to the party because her employer, USP, fired anyone who did not attend. May drove a USP truck to the party because her car was broken. USP allowed and encouraged their drivers to take USP trucks home since increased visibility leads to increased advertising. The President of USP walked Mary to the truck at the end of the party, and then made a pass at her, promising her a promotion if she would kiss him. Mary refused, but he tried to kiss her anyway, missing her mouth but pecking her cheek. On the way home, Mary decided to stop by her ex-boyfriend's house. He was out in the street with his new girlfriend. As a joke, Mary revved up the truck engine and aimed her truck at them. She, of course, was just kidding and did not mean them any harm. Nonetheless, they looked up when the heard the truck, screamed and jumped out of the way. Because they moved, Mary's truck accidentally brushed up against the new girlfriend, although she only had minor physical injuries. Due to a slight miscalculation on Mary's part, the truck jumped the curb and ran over the next door neighbor's rose garden. Can anyone be sued in civil court for a tort? Who, by whom, and for what and why.Explain fully!