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[ Blow Up ] Patty has several full gas cans in the bed of her pick - up truck, because she runs a landscaping and
Blow Up Patty has several full gas cans in the bed of her pickup truck, because she runs a landscaping and gardening company and needs the gas for her mowers, trimmers, tillers and weed eaters. On the way home from the gas station, Patty stops at her local garden store to stock up on supplies. Teresa, texting and driving, does not see Patty's pickup truck and negligently rearends Patty's truck. The truck explodes and results in the garden store burning to the ground. The garden store sues Teresa for negligence claiming that Teresa should have to pay for the entire garden store. The garden store claims that it should be able to recover under the res ipsa loquitur doctrine.
s Teresa the proximate cause of the garden store burning?
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Teresa is not the proximate case of the accident because her actions were not the cause in fact of the accident.
Teresa is not the proximate cause of the garden store burning because it was not foreseeable that Patty would have gas in the back of her pickup truck that would result in such a fire.
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