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Foothills Natural Gas Co. had furnished natural gas to the prior commercial tenant of a building. The current, and only, tenant had requested removal of

Foothills Natural Gas Co. had furnished natural gas to the prior commercial tenant of a building. The current, and only, tenant had requested removal of the natural gas service and Foothills took out the service and capped the pipe immediately outside the building. The natural gas was still under pressure in the capped pipe. Will and Emma work together at William McKinley High School. One Friday after work, Will and Emma had gone out for a drink. After several drinks, Will offered to give Emma a ride home. While driving Emma to her house, Will lost control of his car and crossed over to the wrong side of the street and went up and over the curb, striking the natural gas pipe as he crashed into the building. The accident ignited the natural gas, causing the car to burst into flames and the building to burn down. The capped portion of the natural gas pipe was 12 feet from the street and 3 feet behind the sidewalk. The top of the pipe (where the cap was installed) was 20 inches above the surface of the ground. In a suit by the tenant against Will for damages for negligence, what is the most likely effect of Will's drinking? A) Will's drinking would create a rebuttable presumption of negligence. B) Will's drinking would constitute negligence per se. C) Will's drinking would be evidence of negligence. D) Will's drinking would be sufficient to make out the tenant's prima facie case of negligence

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