Based solely on the information given in following scenario

Based solely on the information given in following scenario:

  1. List the plaintiff and defendant in the case.
  2. Was the defendant negligent?
  3. If the defendant is negligent then demonstrate the presence of the 4 elements of negligence.  If not, then demonstrate the presence of the elements of assumption of risk or another possible defense for negligence.

Please remember to use legal terminology in your answers.

 

On May 15, 1990, Josh Sanders, a student at Kuna High School, broke his ankle while sliding into first base during a softball game during his physical education class.  Sanders was enrolled in a specialized physical education class that provided instruction in weight lifting.  On the day in question, Ron Emry, the teacher of the class, decided the class would play softball outside instead of just lifting weights inside without giving prior notice to his students.  Sanders was wearing Saucony Shadow running shoes on that day.

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