Kyle, Stan and Eric were driving home from a local tavern. Kyle, who was driving, had not had any alcoholic beverages while at the tavern. On the way home, the three men observed another man, Kenny, wandering haphazardly across a busy highway. Eric stated, "I hope that guy makes it home. If he's not careful, he could get killed." Kyle said, "That's his problem. I have to get home. I can't be bothered to stop and help him." After being dropped off at his home, Eric felt pangs of guilt and decided to go back and help Kenny. Eric asked his brother, Todd, who had not been drinking, to drive back to find and help Kenny. When Todd and Eric returned to the area where Kenny had been, they found Kenny lying on the shoulder of the highway, obviously injured. Eric helped Kenny into Todd's car and Todd began to drive Kenny to the hospital. On the way to the hospital, Todd negligently drove his car into another vehicle. When Todd, Eric and Kenny arrived at the hospital, Todd and Eric were treated for minor injuries and Kenny was admitted with a broken leg. The leg had been broken when Kenny was struck by a vehicle which had left the scene. The broken leg was Kennys only injury. May Kenny successfully maintain an action for damages against Todd?