Question
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:
Conclusion:
- 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.
- In the Conclusion section, summarize (concisely) your analysis presented in the Application.
What should I do for rule, application and conclusion?
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