04 May DOES WENDY HAVE A GOOD BASIS FOR SUING DEREK FOR HER INJURIES?
Derek Dirt operates a home-based business selling herbs and supplements. He receives samples frequently and is constantly discarding unwanted samples, as well as packaging, old files, and other junk on a back yard trash heap that accumulates between trash pick-ups. Little Wendy Wanderer, age five, who lives next door, sees what, to her, promises to be a nice toy among Dereks trash. Upon coming closer, she is bitten by a rat. Wendy screams and then faints. Her nearby mother calls an ambulance which, on the way to the scene, jumps a curb and strikes Paul Pedestrian, seriously injuring him. Wendy requires a series of rabies shots. Except for some bad dreams, she apparently recovers. Derek and Wendy are both citizens and residents of Ohio. Paul, who is a citizen and resident of Texas, was visiting friends in Ohio when he was struck by the ambulance. Does Wendy have a good basis for suing Derek for her injuries? Who might be liable to Paul Pedestrian? What types of damages is Wendy eligible to recover? If Wendy sues Derek, in what courts (Federal or state) and state(s) could the suit be properly filed? If Paul sues Derek, in what courts (Federal or state) and state(s) could the suit be properly filed?
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