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Torts Keyed to Prosser
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Lubitz v. Wells
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After Plaintiff was accidentally struck by a golf club wielded by Defendant Wells, Jr., she brought suit against Wells, Jr. and Wells, Sr., who had left the club lying in his yard. Wells, Jr. was accused of being negligent in swinging the golf club and failing to warn the Plaintiff that she might be struck. Wells, Sr. was accused of behaving negligently by leaving the club in the yard where children might play with it. The Defendants brought a demurrer against the action stated against Wells, Sr.
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