Question
The Regent Resort and Hotel is located on a rural piece of property outside of the town of Bugtussle, about 25 miles from the county
The Regent Resort and Hotel is located on a rural piece of property outside of the town of Bugtussle, about 25 miles from the county seat of Sibley.The property contains a small natural lake which is not maintained by the hotel and is not listed in any of their literature as a feature of the property.The hotel has posted "No Trespassing" signs on that area of the property.Beavis and Clement, local residents, often see each other at the lake when they go fishing for freshwater trout.They are very protective of the lake.One day Marcus, a hotel guest, discovered the lake while hiking.Beavis, not appreciating Marcus' intrusion, threw a rock at Marcus while screaming "Get outta here, you're trespassing!"Marcus ducked and the rock whizzed past his head and hit Clement who was fishing only a few feet away.The rock hit Clement in the head causing a skull fracture and a slight permanent paralysis in his left arm.Clement sues.What would be his best argument for recovery?
Group of answer choices
1.Sue Marcus for negligence.The rock was intended for him and if he had not moved it would not have injured an innocent bystander.
2.Sue Beavis for negligence per se.Beavis' trespassing led directly to his being at the lake and in a position to injure Clement.
3.Sue Beavis for the intentional tort of battery.
4.Sue the hotel because security should have been posted at the lake to make sure that things did not get out of hand when people showed up to go fishing.
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