While driving his vehicle, Herb approaches a red stoplight but his brakes do not respond when he presses on the brake pedal. As a result, the front of Herb's car hits the rear of Clara's car. Clara's car, as a result of the impact, is pushed forward and hits the car in front of her which is owned by Toby.

Who can Toby sue and what claims can Herb and Clara file in response? Be sure to cite the Federal Rules of Civil Procedure.