Question
26. (15 points) Bob, a driver for City Delivery Company, carelessly leaves his truck's motor running while he makes a delivery. The transmission engages and
26. (15 points) Bob, a driver for City Delivery Company, carelessly leaves his truck's motor running while he makes a delivery. The transmission engages and the truck crashes into a nearby gas station pump, igniting a fire that spreads quickly to a construction site a block away. A burned wall at the construction site collapses onto a crane, which falls on, and injures, Carol, an innocent bystander. Carol sues City Delivery Company for negligence.
(a) (10 points) What are the elements of a negligence claim?
(b) (2 points) Which portion of Carols claim will the defendant most likely argue cannot be established in this case?
(c) (3 points) What is the likely result in Carols case and why?
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