40. Abel, while driving his car, hit the brakes as a child ran into the road. Baker,...
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40. Abel, while driving his car, hit the brakes as a child ran into the road. Baker, who was tailgating Abel, slammed into Abel. Carr, who was tailgating Baker, slammed into Baker, causing an additional impact on Abel’s car. Abel suffered serious whiplash. Abel sued Baker and Carr for his injuries. No party produces evidence as to which crash (Baker into Abel, or Carr into Baker and thence into Abel) caused Abel’s whiplash. What is the most likely result:
(a) Both Baker and Carr are liable; or
(b) Neither Baker nor Carr is liable?
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