Question
2. Ben Baker was driving when he got a text message that needed immediate attention. In order to respond he pulled off the road to
2. Ben Baker was driving when he got a text message that needed immediate attention. In order to respond he pulled off the road to the far side of the shoulder, approximately 25 feet from traffic lanes. There were large "no stopping or standing at any time" in the area. While stopped, a vehicle travelling in the opposite direction being driven by Cal Cook crossed the road and struck his vehicle. Cook's car was estimated to have been traveling at 65-70 miles per hour when the speed limit was 55 miles per hour. Cal Cook was killed on impact. The estate of Cal Cook sued for wrongful death alleging that if Baker had not been there, he would have been able to safely atop his car. Was Baker improperly stopped in a "no stopping" area 25 feet from the edge of the road the cause of Cook's death or not
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