The plaintiff, Bill, walks through a residential neighborhood along an unpaved road on his way to work. Wally, the defendant and a Wilson County School bus driver, drives towards Bill while lighting a cigarette. Wally begins to swerve and causes Bill to jump into Carol's yard; this action results in damage to Carol's prize-winning zinnias, the breaking of Bill's ankle, and the loss of Bill’s wallet. Bill realizes his wallet is lost, so he …showed first 75 words of 1624 total…

…showed last 75 words of 1624 total…has a strong argument for negligence, negligence per se, emotional distress and assault. While Carol can sue Bill for trespassing when he returned for his wallet, he has a defense that Carol’s fence was in violation of a city ordinance. Carol may not sue Bill for damage to her zinnias; however, since Wally forced Bill onto Carol’s property through his negligence, Carol may sue both Wally and the school district under respondeat superior.