60. Jay Walker, a pedestrian who is in a hurry, crosses a busy street from between two...
Question:
60. Jay Walker, a pedestrian who is in a hurry, crosses a busy street from between two parked cars in the middle of the street, rather than at a crosswalk. Although this is an act of negligence, it is widely (and properly) perceived as only slightly negligent on this particular street, since crosswalks are few and far between and drivers generally know to be on the lookout for pedestrians doing this. Hard Driver, a harddriving executive, is driving down the street at 70 m.p.h. in a 40 m.p.h. zone. She never even sees Jay, just slams into him. Jay never even knows that he is in danger, because Hard’s car simply comes on too suddenly. Jay is killed in the collision. His estate sues Hard. There are no applicable statutes, and all relevant common-law doctrines are in force. May Jay’s estate recover? _________________
Step by Step Answer: