Question
A new truck, manufactured by General Motors Corp. (GMC), stalled in rush hour traffic on a busy interstate highway because of a defective alternator, which
A new truck, manufactured by General Motors Corp. ("GMC"), stalled in rush hour traffic on a busy interstate highway because of a defective alternator, which caused a complete failure of the truck's electrical system. The driver, Gregory House, stood nearby and waved traffic around his stalled truck. Soon, a panel truck driven by Cutty (doing work for Cutty Industries) approached the GMC truck. ImmediatelybehindCutty's panel truck, Cox was driving a Volkswagen Beetle. Because of the panel truck, Cox was unable to see House's stalled GMC truck. Cutty's panel truck swerved out of the way of the GMC truck, and Cox drove straight into it, killing him instantly. Cox's widow sued GMC. GMC moved for summary judgment, alleging (1) no duty to Cox; (2) no factual causation; and (3) no foreseeable harm. Comment on the three defenses that GMC has raised. Would it be any different in North Carolina? As an attorney, could you get around any of these defenses? What about suing Gregory House? Wouldres ipsa loquiturcome into play
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