Question
CAPTAIN DUKE was at the helm of THE BUCKET, an old oil and fuel tanker headed for the Port of Abago. He personally navigated the
CAPTAIN DUKE was at the helm of "THE BUCKET", an old oil and fuel tanker headed for the Port of Abago. He personally navigated the vessel toward the Abago Bridge. The vessel needed to travel under the Abago Bridge in order to reach the main port. No one knows what happened next, but somehow the vessel ended up running into the concrete pillars of the Abago Bridge that was owned by THE DISTRICT. The collision caused serious damage to the pillars (and the vessel). It was later learned that DUKE's Captain's license had been suspended for failure to pay the annual registration fee as required by federal law.
As a further result of the collision, tons of flammable fuel spilled from the vessel into the waters, polluting the water. Everyone was afraid of the terrible pollution that would result and of a possible fire.
JACK was driving in his fancy convertible car on the top deck of the Abago Bridge shortly after the vessel collision with the bridge (he unaware of any problem). Jack was smoking a big fat cigar while driving. Taking his last puff, he threw the cigar butt over the side of the bridge to the water below, convinced that it would be extinguished in the bay. It was a violation of the state littering laws to throw anything from your car. The cigar hit the fuel in the water and sparked a huge fire that ended up burning down the entire bridge.
The district sues Duke for the damage to the bridge, what are the claims and defenses of the parties and who should prevail and why?
The district sues Jack for the loss of the bridge, what are the claims and defenses of that claim and who should prevail and why?
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