Question
Sarah asked Tom, a neighbor, to water her flowers in her yard while she was on vacation. For three days, Tom did this without incident,but,
Sarah asked Tom, a neighbor, to water her flowers in her yard while she was on vacation. For three days, Tom did this without incident,but, on the fourth day, when he touched the outside water faucet, he received an electric shock that shot him into the air, melted his sneakers and glasses, set his clothes on fire and seriously burned him.
Tom sued, claiming that Sarah caused his injuries by negligently repairing a toilet before she left on vacation inside the house and that water leaking from the toilet had soaked through the walls of the house, soaking the wires and causing the faucet to become electrified. Tom has compensatory damages of $100,000.
You are the judge [the parties have waived having a jury] and are required to decide:
1. Which type of tort claim does Tom bring;
2. who wins;
3. what type of damages and how much; and
4. why?
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