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Donald, who has been drinking beer all day at the lake, gets in his truck to drive home. On the way home, his front passenger-side

  1. Donald, who has been drinking beer all day at the lake, gets in his truck to drive home. On the way home, his front passenger-side tire blows out, causing him to lose control. The tire was purchased brand new by Donald two days before the wreck and installed by a certified tire technician at Big Name Brand Tire Store. Donald crosses the centerline of the road, and strikes Peter, who was driving the opposite direction. Peter suffers several broken bones and undergoes numerous painful surgeries as a result. The police officer who responded to the accident scene arrests Donald for DUI and reckless driving after Donald fails a series of Standardized Field Sobriety Tests. Peter sues Donald for negligence to recover compensation for his injuries. Based SOLELY on a negligence theory, will Peter likely win his lawsuit? If yes, why? If no, why not?

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