Your assignment is to determine and analyze the claims and defenses for each party in the below referenced case problem and hypothetical lawsuit. IRAC/Analyze the following series of events using the information and laws contained in Chapters 6, 7, 8 and10.

Be sure to state the name of the rule(s) and each of the elements of any rules (i.e. allegations/charges = strict liability, assault, battery, or negligence or defenses = i.e. comparative fault, strict liability, foreseeability, proximate cause, innocence, Fourth Amendment, etc...).

Fully analyze the facts that support the elements of the allegation/charge or defense for each party. If you determine there are no claims and/or no defenses, please say so.

As an example, I have provided a sample analysis for Martellio Bennetto. You will similarly address the same for each of the other "parties" or actors in the scenario.

CASE PROBLEM:

Martellio Bennetto and Adam Pacman Bones are employed by Streaks-B-Gone's Windows in Eugene, NM, USA. Eugene has an ordinance in effect that states that:

All loose objects over one (1) pound held, contained, used, or resting upon window washing scaffolding must be tethered (tied) to the scaffolding while being used and present on the scaffolding on floors above five (5) stories.

Eugene Ordinance Section 001.02.2012

Martellio Bennetto and Adam Pacman Bones, employees of Streaks-B-Gone, were working on two separate sets of scaffolding, positioned about two feet apart, and washing windows on the 15^th floor of Scotch's LLC building. Adam Pacman Bones ran out of soap and asked Martellio Bennetto to pass him a five (5) pound bottle of soap. The soap bottle was hooked with a Tall-n-Latch (manufactured and distributed by Scotch's Inc.) clip made of a metal called scandium to Martellio Bennetto's toolbox.

Martellio Bennetto tossed the bottle of soap to Adam Pacman Bones, and Adam Pacman Bones missed the bottle, it fell over the side of the scaffolding and the Tall-n-Latch clip broke. The bottle fell fifteen floors to the ground. The bottle hit Betsy DeVise on the head while she was walking directly beneath the scaffolding. The area below the scaffolding was surrounded by "caution" tape that cordoned off the area directly below the scaffolding. Betsy DeVise was walking inside the caution tape when the bottle hit her. The impact from the bottle caused Betsy DeVise to fall, knocking her into Main Street. Betsy DeVise suffered a concussion from the bottle, and abrasions to her face from falling into the street.

The speed limit on Main Street is 20 miles per hour. Elizabeth Smart is the owner and transport driver for Freaky Fireworks, Inc. (FFW). As part of its business, FFW transports highly dangerous fireworks to areas in Eugene, NM. Elizabeth Smart was driving a truck owned by FFW, Inc. and was traveling at approximately 40 miles per hour when Betsy DeVise fell into the street. Elizabeth Smart swerved to avoid hitting Betsy DeVise, and slammed on the brakes. The brakes were manufactured and sold by Scotch's Inc. The brakes failed and the FFW truck lost control due to its speed and crashed into a Eugene, NM City Train crossing Main Street.

The Train, owned and operated by the City of Eugene, NM, had run a red crossing light when it crossed the street. Upon impact, the FFW truck exploded, the Train was damaged, and 20 Eugene citizens on the train were severely injured.

Eugene Police Department arrived on the scene and arrested the Train Engineer. The Train Engineer, while in the police car, admitted to smoking marijuana about 15 minutes before the accident. He was later charged with possession and use of an illegal substance.

Following the incident, Adam Pacman Bones, who was angry at Martellio Bennetto for throwing the bottle, climbed over to Martellio Bennetto's scaffolding and broke with electronic lift causing Martellio Bennetto to be stuck on the 15^th Floor for one (1) hour. Martellio Bennetto was unable to lower the scaffold and could not get off the scaffold through any open window. He was on the scaffolding for the next hour until the fire department arrived and removed him. (hint: Martellio Bennetto claims distress and tort due to being left on the scaffolding).

Following the incident, the Eugene, NM Police Department (EPD) went to Adam Pacman Bones' house, broke down the front door, and arrested Adam Pacman Bones for leaving Martellio Bennetto on the scaffolding, damaging property, and causing the events. EPD did not have a warrant.

Following the above circumstances you are approached by the different parties who have questions about potential lawsuits. You must decide how any lawsuit including allegations and defenses is to be analyzed.

The parties to a potential law suit are (evaluate for each):

1.Martellio Bennetto

2.Adam Pacman Bones

3.Scotch Inc.

4.Elizabeth Smart

5.Betsy DeVise

6.Freaky Fireworks, Inc. (FFW)

7.City of Eugene (owner of the Train)

8.Train Engineer

9.20 injured citizens of Eugene, NM

10.EPD (as a Defendant)

Please address all claims/allegations (all the torts, products liability, unforseable causes), crimes and liabilities, and defenses each party has against others. Keep in mind the key terms and elements of the content of the Module II chapters, including but not limited to: Intentional Torts, Negligence per se, Negligence, Strict Liability, Products Liability, Duty of Care, Proximate Cause, Foreseeability, Damages, Comparative Fault, Crimes (Amendment) etc... Remember to state the elements, facts that support and defenses. Analyze/explain your answer.

See Below for an Example:

1.Please state the claims Martellio Bennetto has against any party and his defenses to any claims against him.

1.Martellio Bennetto Claims Against:

a.vs. Adam Pacman Bones

i.Rule: False Imprisonment

1.Rule Definition: Intentional, unconsented to confinement of another for an appreciable time.

2.Analysis: Adam Pacman Bones intentionally prevented Martellio Bennetto from leaving/getting off of the scaffolding located on the 15^th Floor for more than one hour. This was done without his consent and was for an appreciable time.

3.Conclusion: False Imprisonment

2.Martellio Bennetto Defenses

a.Rule: Foreseeability

i.Rule Definition: ***

ii.Analysis:: ***

b.Strict Liability

1. Please state what claims Adam Pacman Bones has against any parties and/or defenses to any claims.
2. Please state what claims Elizabeth Smart has against any parties and/or defenses to any claims.
3. Please state what claims Betsy DeVise has against any parties and/or defenses to any claims.
4. Please state what claims Scotch Inc. has against any parties and/or defenses to any claims.
5. Please state what claims FFW, Inc. has against any parties and/or defenses to any claims.
6. Please state what claims City of Eugene (owner of train) has against any parties and/or defenses.
7. Please state what claims the Train Engineer has against any parties and/or defenses to any claims.