Professor Tickle has been asked by Twlight Community College to attend a training in Eastern Washington. She has been provided with a state car for transportation. While in route, she visits a fellow professor who just retired from teaching at TCC. They have a glass of white wine.
As she leaves this professor's home and heads back to the freeway to continue on to the training, she is involved in an accident. As she was approaching the on ramp and entering the freeway, another vehicle, going 15 miles over the speed limit, raced passed her, and they collided. The other lane of travel had been clear such that the driver, even though he was speeding, could have simply changed lanes. Professor Tickle is later fired and after several unsuccessful attempts to obtain employment, she contacts a private investigator.
The private investigator suspects that her former employer may not be providing a good reference and contacts TCC disguided as a potential employer seeking a recommendation for Professor Tickle. He is informed that Professor Tickle was fired because she was a "lazy" employee is "drank too much." The employee also suggests that Professor Tickle might be having a nervous breakdown because her husband and her five cats ran away. He'd happened to overhear her making an appointment to see a therapist. Outraged upon hearing this information from, Professor Tickle speeds to this employee's home, where she confronts him at his front door. When he attempts to move past her to leave his home for work, Professor Tickle blocks his path.
The employee's neighbor is out walking his pit bull. His dog has only bitten one person in the past and it was only because the person was unknown to him. He knows everyone who visits the neighborhood and since no one is home today, he had decided to walk his dog. The dog is running ahead of him, seeings Professor Tickle and immediately launches at her. Another neighbor, just arriving home sees the attack that has left Professor Tickle with nasty bite to her left leg and a few scratches.
In an effort to help, she immediately drags Professor Tickle in the back of her vehicle, bumping her head. She then speeds off to the nearest hospital. While in route, she takes a phone call which requires her look down and when she looks up, she has to come to an abrupt stop which causes Professor Tickle to bang her head on the back of the seat, resulting in a cut to her forehead.
Identify and address ten (10) of the various issues presented in this fact pattern.
You must identify
1) Which party has what claim
2) against whom;
3) the elements of the legal claim/defense;
4) the facts supporting the legal claim; and
5) a potential defense