Nick, a seventeen years-old male, armed with an AR-15 rifle (manufactured by Colt, Inc.) and 100 rounds of ammunition (manufactured by Wesson, Inc.) enters his former high school passing through security without being detected. Nick was expelled from school for violent outbursts and lives with his parents Bob and Phyliss. Nick also has a homemade bomb strapped to his chest. Prior to entering the high school Nick posted a Facebook video declaring his intent to kill students at the school and kill himself. Upon entering the school, in the main hall way Nick encounters Sarah, a fourteen years-old female student. Nick takes aim at Sarah, and fires. The AR-15 malfunctions and explodes because of a design defect by Colt. The AR-15 explosion kills Sarah and injures Nick. The AR-15 was purchased by Nick four months ago from Walmart with his parents’ credit card which he had permission to use. Walmart did not require the 5-day waiting period as required by law for Nick’s AR-15 purchase.

After the AR-15 explosion, Phil, a teacher at the school, approaches injured Nick in the main hall way. Phil is licensed to carry a concealed weapon by the state but is forbidden by school rules from bringing the weapon to school. Phil produces his hand gun, aims it at Nick, and issues a command that Nick lay on the ground. Nick refuses the command and tells Phil that he has bomb. Phil immediately shoots Nick in the chest killing him. Phil’s shots cause Nick’s bomb to detonate destroying parts of the main hallway. The explosion also kills Phil, 11 students and 4 other employees.

Three weeks after the shooting and bombing, the school hosts a vigil and march which began at the school’s entrance through the now repaired main hall way and following the breezeway to the gymnasium. The explosion from Nick’s bomb caused cracks in the cement pillars upholding a breezeway connecting the main campus to the gymnasium. During the march, the pillars collapse killing three (3) community activists who were attending the event.

The breezeway was under construction at the time of Nick’s assault. Acme Contractors was doing the construction. At the time of Nick’s assault, Acme was at least four (4) weeks behind in their work. The work involved strengthening the concrete pillars and had the work been done on time the pillars would not have cracked. The school was evacuated and closed for 2 weeks while the crime was investigated. When they returned to work Acme Contractor employees failed to notice the cracks in the pillars.

  1. Essay Question: In 500 words explain whether a claim against the School by the families of the killed people from breezeway

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