My client Theodore Fisher, was driving (50 mph in a 25 mph zone), home from a business meeting on I-84 from Boston to Hartford. As he was on the East Hartford connector, a car was stopped in the third lane of the four lane highway. Unfortunately, this was the lane in which he was traveling and he hit the unmoving car, killing the driver. An autopsy showed she had cocaine in her system. Her gas tank was on empty.

When the deceased's family sue Theodore in tort, what theories might they have? What defense does Theodore have? Who wins and why?