33. In the trucking industry, it is customary to use only a side-view mirror, not a rear-view mirror, on tractor-trailers, since a rear-view mirror is impractical. In recent years, a video camera device has become available, which can be mounted at the rear of the trailer and which transmits the view from the rear of the truck to a monitor next to the driver. Because of the substantial cost ($3,000) of the device, only about 10% of large trucks have been outfitted with the new device. Trucker, an individual who owns his own large rig, has not installed the new camera device and therefore has no ability to see the view from the rear of his truck. One day Trucker sideswipes Driver, who is driving a small car near the rear of Trucker’s truck. Even a very careful driver in Trucker’s position could not have avoided the accident without the rear camera device. However, if Trucker’s truck had had the camera device, a reasonable driver would almost certainly have seen the danger and avoided the accident. Driver sues Trucker for negligence.

(a) May the availability and growing usage of the camera device be admitted as part of Driver’s case, on the question of whether Trucker was negligent? _________________

(b) Assume for this part only that the answer to

(a) is “yes.” May Trucker introduce evidence that the widely-followed custom in the industry is not to install the cameras, because of their high cost?

(c) May a jury properly find that Trucker was negligent? _________________