Question: Molly is driving her car while talking on her cell phone. Dilbert is driving next to Molly and starts to fall asleep. Dilbert drifts into

Molly is driving her car while talking on her cell phone. Dilbert is driving next to Molly and starts to fall asleep. Dilbert drifts into Mollys lane, causing Mollys car to run off the road. Mollys car hits a barn, which inadvertently scares a cow. The cow in the barn then kicks over an open-flamed lantern, causing some dry straw in the barn to catch fire. The burning barn then sets multiple nearby houses on fire, which are difficult to maintain. This aggravates the PTSD of Leon, a former soldier living nearby. Both Rosemary and Molly receive substantial injuries to their bodies and Mollys vehicle. The barn and nearby houses are completely burnt down and Leon says he suffers from general emotional distress because of the incident. Is Dilbert liable for Negligence against Molly? Why or why not; explain using the Elements for Negligence. Does Dilbert have any Defenses to Negligence? Will Leon proceed in a Civil lawsuit against Dilbert for aggravating his PTSD causing general emotional harm? Why or why not?

Negligence: Simple definition: A failure to exercise reasonable care. Unintentional wrongdoing that does not rise to criminal level. To be found liable for Negligence, the defendant must fail to exercise reasonable care which causes harm to someone. To prove negligence, 4 requirements must be met: (1) Defendant had a duty to act in a certain way; (2) Defendant failed to meet that duty; (3) The breach had to be the cause of damage to Plaintiff; and (4) Plaintiff must have have incurred damage to her/his person or property.

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