Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Facts: A new truck, manufactured by General Motors Corp. (GMC), stalled in rush hour traffic on a busy interstate highway because of a defective alternator,

Facts: A new truck, manufactured by General Motors Corp. (GMC), stalled in rush hour traffic on a busy interstate highway because of a defective alternator, which caused a complete failure of the truck's electrical system. The driver stood nearby and waved traffic around his stalled truck. A panel truck approached the GMC truck, and immediately behind the panel truck, Davis was driving a Volkswagen fastback. Because of the panel truck, Davis was unable to see the stalled GMC truck. The panel truck swerved out of the way of the GMC truck, and Davis drove straight into it. The accident killed him. Davis' widow sued GMC. GMC moved for summary judgment, alleging (1) no duty to Davis, (2) no factual causation, and (3) no foreseeable harm. Comment.

Issue: Whether GMC owed a duty of due care to Davis.

Whether GMC's production of a truck with a faulty alternator was the cause of the ultimate harm to Davis.

Whether GMC could have foreseen the type of harm that occurred to Davis.

Rule:

Application:

  • In the Rule section, create three seperate legal questions, one for each of the three identified Issues. Each question should be a short, one-sentence issue statement.

  • In the Application section, explain whether and why Davis's widow is due money damages. Use the Issue and Rule to guide your explanation.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Law Express Evidence

Authors: Chris Taylor

5th Edition

1292210192, 978-1292210193

More Books

Students also viewed these Law questions

Question

2. To store it and

Answered: 1 week ago