In the days before cell phones, a fight broke out at Happy Jack's Saloon. A Good Samaritan ran across the street to the Circle Inn. He asked the bartender at the Circle Inn to let him use the telephone to call the police, but he refused. Back at Happy Jack's Saloon, the fight escalated, and a man shot and killed Soldano's father. Soldano sued the owner of the Circle Inn, O'Daniels, for negligence. What is he arguing in this case?