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    @BlueDogRanch As a rule, you can sue anyone for anything. You could sue StackExchange for the shooting if you felt like it. Commented Oct 4, 2017 at 15:08
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    I suggest that the correct question is framed in terms of "sue and survive summary judgment". Commented Oct 4, 2017 at 16:14
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    I don't think it is impossible to answer, indeed, I think that pretty much each of these questions has a straight forward and easy answer in this particular fact pattern. Commented Oct 4, 2017 at 16:47
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    "Literally impossible to answer" - I offer ohwilleke's answer as a conclusive counter example. Commented Oct 4, 2017 at 20:28
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    Cudos to ohwilleke, I stand corrected ! Commented Oct 5, 2017 at 2:35