41. With Driver at the wheel, Driver and Passenger motor into town one day. Passenger has fallen...
Question:
41. With Driver at the wheel, Driver and Passenger motor into town one day. Passenger has fallen asleep during the trip. Driver parks the car in front of a fire hydrant next to a bank, in violation of a municipal statute and also in violation of what motorists all over America know to be prudent practice. Driver goes into the bank to make a quick deposit, while Passenger remains asleep. Trucker, who is driving his truck down the street, suddenly swerves to avoid hitting a dog. Trucker’s truck smashes into Driver’s car, seriously injuring Passenger. Had Driver parked the car anywhere but in front of the hydrant, Trucker’s truck would not have hit Driver’s car. Passenger sues Driver for negligence. Will Passenger recover? _________________
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