If a Plaintiff Cannot Establish All Four Elements of a Negligence

Multiple Choice

If a plaintiff cannot establish all four elements of a negligence claim,what result should the plaintiff expect?

A) The plaintiff can prevail at the discretion of the judge if the judge believes it is too difficult for the plaintiff to meet the burden of proof.
B) The plaintiff will be denied recovery only if the judge cannot subpoena the necessary witnesses to come and testify in court.
C) The plaintiff can prevail as long as the plaintiff successfully showed causation and damages,even if the plaintiff did not prove breach of duty.
D) The plaintiff will be denied recovery due to a failure to establish all four elements of a negligence case.
E) The plaintiff can prevail if the court believes the defendant should be punished for his conduct,even though a plaintiff could not establish all four elements of a negligence claim.