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Derek Dirt operates a home-based business selling herbs and supplements. He frequently receives new samples and is constantly discarding unwanted samples

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Derek Dirt operates a home-based business selling herbs and supplements. He frequently receives new samples 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 Derek’s trash. Upon coming closer to the trash heap, Wendy is bitten by a rat. She 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, Wendy 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 the ambulance struck him.

  • Does Wendy have a solid basis for suing Derek for her injuries?
  • Who might be liable to Paul Pedestrian?
  • What types of damages could Wendy recover?
  • If Wendy sues Derek, in what state(s) could she sue, and in what court (federal or state) could she properly file the suit?
  • If Paul sues Derek, in what state(s) could he sue, and in what court (federal or state) could he properly file the suit?
 
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