Scenario:

Mel was late for an important meeting with his supervisor one evening and was driving at least 35 miles an hour on a residential road. The posted speed limit on this road was 30 miles per hour. As Mel rounded a curve in the road, Nigel suddenly backed out of his driveway in front of Mel. Mel's headlights were on, and his lights would have been visible if a driver had looked carefully. To avoid hitting Nigel's car, Mel both braked hard and turned into the center of the street, crossing a yellow (no passing) line and partially entering the lane of oncoming traffic. Even if he had been going substantially slower, he would have had to take these actions to avoid hitting Nigel. Otto was driving towards Mel while adjusting his car radio. As a result, Otto did not see Mel in time. Had he been attentive, he likely could have avoided an accident. Instead, the two cars collided, left the road, and plowed into Penny who was walking on the sidewalk. Nigel's car was not touched. Penny was seriously injured.

Use IRAC method

Analyze all liabilities and defenses for:

1. Penny

2. Mel

3. Otto

4. Nigel

What is the most likely outcome for litigation involving all these parties?