When Tommy was handing out beers to his friends and wine to his girlfriend Hailey, he physically handed Jack a Dr. Pepper. Jack than put the Dr. Pepper into his koozie.
Tommy made a mental note to watch over Jack throughout the night to ensure that he was not drinking. When Jack was finished with the Dr. Pepper that Tommy handed him, he went to the fridge to get another drink. Jack noticed that Tommy was occupied with his friends so he slipped a beer into his koozie, thinking that Tommy would not notice. Tommy got up from playing games to shut the windows in his apartment and at that moment noticed that there was a silver edge sticking out of Jack’s koozie, instead of the maroon color of Dr. Pepper. Tommy immediately demanded that Jack pour the beer out by the time he was done shutting the windows.
After Tommy shut all of the windows, he was then distracted because he immediately had to use the restroom. By the time Tommy was done using the restroom, Jack was being cited by IV foot patrol for minor in consumption. Jack became very upset because he had never been in trouble with law enforcement prior to that citation. Jack jumped on Tommy’s bike before Tommy could stop him and rode off into the darkness of Isla Vista.
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Peter Plaintiff was dressed in very dark attire and wearing a black baseball cap. Peter Plaintiff was walking on the sidewalk of this dark street and texting at the same time. Without looking up from his phone Peter Plaintiff stepped off of the sidewalk, into the bike path, with the intentions of crossing the street. Peter Plaintiff, also a student at UCSB, knows how many people bike in Isla Vista on a daily basis. Peter Plaintiff was not paying attention when he stepped into the bike path and Jack was unable to avoid the collision at that point. Jack and Peter both accrued