II. John was driving down Main Street in the town of Wesley Hills, New York, in the
Question:
II. John was driving down Main Street in the town of Wesley Hills, New York, in the middle of the night going 80 miles per hour, which was 40 miles per hour above the posted speed limit. John's cell phone was ringing and, while driving, he answered the phone. He swerved and hit a streetlight, which fell over and landed on Dave, a homeless person, who was sleeping at a nearby bus stop. Margaret, an eighty-five-year-old widow who lived down the block, was sleeping and heard the accident and was so startled when she woke up that she fell out of her bed, tripped over her cat, and broke her leg. Dave had no insurance and was taken to a local medical school that provided hospital care for the homeless. (a) Is John liable to Dave? Explain fully. (b) Is John liable to Margaret?