Question
Dan's Getty operated a gas station/convenience store in Hamden. Matt entered the convenience store and attempted to buy a six pack of beer. The clerk,
Dan's Getty operated a gas station/convenience store in Hamden. Matt entered the convenience store and attempted to buy a six pack of beer. The clerk, Dan, refused to sell Matt the beer because he was obviously already intoxicated. Matt became angry and loud cursing at Dan for not selling him beer. Matt threw a $5.00 bill on the counter and told Dan "I need gas". Matt had difficulty operating the gas pump so Dan went outside and helped him pump gas. After getting the gas Matt got into his car and drove away. Matt traveled 3 miles from Dan's Getty when he crossed over to the wrong side of the road striking Paul's vehicle head-on causing Paul to suffer serious head injuries. During the investigation, Dr. Lee determined that at the time Matt pulled into Dan's Getty, his vehicle only had enough gas to travel 1 mile. Therefore, without the gas Matt would have run out of gas 2 miles before the accident scene. Paul filed suit against Dan's Getty alleging Dan was negligent in selling gas to an intoxicated driver.
What are the 4 elements the Paul must satisfy to establish a negligence claim? Has he satisfied each of them?
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