Would the outcome be changed if Mike could establish he had been running more than five miles every day at the same time on the same beach for one month and never had an incident with an oncoming pedestrian?
Answer to relevant QuestionsPoint for Discussion: Why would this case be appropriate for use of the theory of res ipsa loquitur? How does a claim of strict liability differ from a claim for negligence? How do the torts of assault and battery differ? What is necessary for a valid marriage? Point for Discussion: Would the distribution change if Kristina had adopted one or both of the children?
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