5. Young v. ABC, Inc. (80 points)

On August 29 Kimberly Patrice Young (Young) and her daughter, Keyona (collectively, plaintiffs), were driving a Jeep Cherokee in Pine Bluff, AR, when the vehicle was hit by an ABC, Inc. truck. The truck was making a delivery of computer equipment. As a result of being struck, the vehicle rolled over, causing the roof to collapse. As a result of this incident, Young sustained catastrophic injuries, rendering her a permanent quadriplegic. In addition, Young's daughter allegedly suffered both physical and emotional harm. On April 13 plaintiffs, through their attorney, filed the instant action (complaint), claiming that the driver of the truck, who was driving 22 miles over the speed limit and looking at text messages, was negligent. Plaintiffs also allege that the company is liable for negligent hiring as the driver had received 2 speeding tickets back in 2000 and again in 2011, before ABC hired him in 2017.

ABC is a Delaware corporation with its principal executive offices in Norman, OK. The plaintiffs are residents of California. They file their lawsuit in U.S. District Court for the Northern District of California alleging over $1 million in damages. Although ABC does some business in California, it represents less than 3% of the company's total sales.

(a) The defendant moves to have the case dismissed on procedural grounds. How should this federal court rule on the defendant's motion to dismiss the case? Explain briefly. (50 pts.)

(b)For purposes of this part only, assume that the court decides to hear the case. How will the court rule on the negligence claims? Explain briefly. (45 pts.)