Carrie was driving her car southbound on Vista Avenue in Boise when she was struck by a car driven by Thomas, who was traveling north on Vista. The accident occurred when Thomas made a left turn across Vista without waiting for Carrie to pass by. (Carrie had the right of way). Carrie suffered arm and leg injuries and missed two weeks of work. Information from witnesses disclosed that Thomas (a stockbroker) was using his cell phone at the time of the accident, to make a call to a potential client on behalf of his employer, Smith Barney. Two witnesses stated that they believe Carrie was driving about 10 miles over the speed limit. Carrie sued Thomas for negligence.

ISSUE:Will Carrie prevail in her claim of negligence against Thomas? Does Thomas have any defenses upon which he might rely?