Posted: September 7th, 2017

Peabody and Dalton walked into the Rusty Knob Tavern and sat on stools at the bar. After a few drinks, Dalton and Peabody got into an argument. Dalton said, “Peabody, you’re a bucket of slime, and I hope you die a painful, horrible death.” Peabody left to use the restroom, and while he was gone, Dalton noticed that another bar patron, Tatiana, left a lit cigarette on Peabody’s stool. When Peabody came back from the restroom, Dalton thought about warning Peabody, but Dalton decided against it. Peabody sat on the lit cigarette and received painful burns. Peabody sued Dalton for negligence. Which of the following statements is most correct regarding Peabody’s negligence case against Dalton?

Peabody and Dalton walked into the Rusty Knob Tavern and sat on stools at the bar.
After a few drinks, Dalton and Peabody got into an argument. Dalton said, “Peabody,
you’re a bucket of slime, and I hope you die a painful, horrible death.” Peabody left to
use the restroom, and while he was gone, Dalton noticed that another bar patron,
Tatiana, left a lit cigarette on Peabody’s stool. When Peabody came back from the
restroom, Dalton thought about warning Peabody, but Dalton decided against it.
Peabody sat on the lit cigarette and received painful burns. Peabody sued Dalton for
negligence.
Which of the following statements is most correct regarding Peabody’s negligence case
against Dalton?
(a) Peabody cannot recover because he cannot establish that Dalton had a duty to
act, and duty is a necessary element of a negligence case.
(b) Peabody cannot recover because he cannot establish that Dalton’s failure to warn
Peabody of the cigarette is a but-for cause of Peabody’s injury, and actual
causation is a necessary element of a negligence case.
(c) Peabody cannot recover because he cannot establish damages flowing from
having sat on the cigarette, since merely “painful” injuries are not sufficient to
establish damages in a negligence case.
(d) Peabody cannot recover because he cannot establish res ipsa loquitor.
(e) Peabody can recover