"The Saga of Molly & Dilbert!"

Molly is a divorced single mother who lives in Kingstown, NC. She takes her daughter Rhonda (a 5-year old) to a local playground. Molly starts talking with another young parent, Dilbert. Molly is distracted by Dilbert's good looks.

Meanwhile, Rhonda starts to wander in the park and notices dogs playing in a dog park next to the playground. Rhonda gets super excited and climbs over the short fence to pet the dogs. Ginger, a recently adopted heavy Pitbull by John, which is unleashed and aggressive, approaches Rhonda and while sniffing Rhonda's hand, slightly scratches her finger with her paws. Rhonda starts crying loud.

As Molly heard Rhonda's scream, she started panicking. She pushed Dilbert away and rushed to see where Rhonda is. When Molly noticed that Ginger hurt Rhonda, she took her high heels off and throws it at Ginger. The high heels hit Ginger hard in the right eye and made her blind.

When John witnesses the scene, he pulls out his registered gun and points it at Rhonda, and says to Molly: "Did you just hurt my dog? I'll shoot you and your kid!" Molly, who suffers from heart burns, is frightened and falls on the ground unconscious.

When Dilbert arrives at the scene, he hits John in the back of his head, which makes John unconscious. Dilbert drags John into a public restroom close by and locks the door on him. Later after 3 hours when John is conscious again, he starts yelling for help. After an hour, a janitor unlocks the restroom door.

As it starts pouring down rain, Dilbert drags Molly into his BMW, and drives her to a nearby hospital. Earlier that day Dilbert had to put the extra thin spare tire on his car. As he is speeding on the road (at 65 MPH, where speed limits were only 45 MPH) a pedestrian ignores the cross-walk red light and runs across the street. Dilbert slams on his breaks. Dilbert misses the pedestrian and crashes into a tree on the side of the street. Since the driver's airbag malfunctioned, Dilbert suffered severe neck injury. Dilbert has no insurance and his hospital bill is $100,000.

The Emergency Room personnel take both Dilbert and Molly to the ER. Dilbert recovers after a year; however, Molly develops post-traumatic stress disorder due to the events that happened in the park.

Molly and Dilbert plan to get married 6 months after being released from the hospital. Since they're short on cash they decide to sue the City of Kingstown, John, BMW, and the Pedestrian for their injuries.

Other relevant (and irrelevant) facts:

There is a statute in the state which states: "All heavy/big dogs in dog parks must be leashed."

There was a warning on the tire which read "WARNING: Speed Limit for Rainy Conditions: 55 MPH - Possible Tire Deflation."

Kingstown is a jurisdiction where the Partial Comparative Negligence is applied.

Assume that in Dilbert's damages to his neck, a jury would allocate fault as follows: Dilbert 35% at fault, Pedestrian 35% at fault, and BMW 30% at fault.

BMW America is incorporated in Delaware and has its principle place of business in Tampa, Florida.

Please Identify any actionable torts in the hypothetical, including: Intentional Torts (defenses are NOT required); Unintentional Torts/Negligence (and defenses, if any); and Strict/Product Liability (and defenses, if any). Answer by considering the following lawsuits. For each lawsuit, identify relevant claims. For each claim provide answer by applying the IRAC method.

Please note that multiple claims may be brought against a party. In that case, you have to IRAC each claim.

Tip: Basically, you should ask yourself, for example, what did the City of Kingstown do wrong that Molly could sue the City for? Etc.

1.Molly (Rhonda) v. City of Kingstown

2.Molly (Rhonda) v. John

3.Dilbert v. Molly

4.John v. Molly

5.John v. Dilbert

6.Dilbert v. BMW (and collectable amount of damages, if any)

Dilbert v. Pedestrian (and collectable amount of damages, if any)