Question
On Monday David was driving home from work when he received a text message from his wife to stop and pick up some dinner. David
On Monday David was driving home from work when he received a text message from his wife to stop and pick up some dinner. David picked up his phone in order to view the text, and dropped the phone onto the floor of his car. David proceeded to bend down in order to reach his phone, taking his eyes off the road and ran into Able who had stopped for a pedestrian who was crossing the street. Able sustained a broken right leg and concussion.
On Tuesday, while driving his rental car in a residential neighborhood, David struck Baker, who was riding his bike in the bike lane, but who had swerved into traffic in order to prevent riding his bike through a water puddle because he did not want to get his new pants muddy from the puddle. Baker was severely injured. At the time of the collision, David was driving 30 mph. The posted speed limit for the street is 25 mph.
On Wednesday, while returning from picking up another rental car, David stopped to chat with Charlie, who was sitting in his car and about to back out of his driveway. When they finished speaking, Charlie began to back out of the driveway. At that moment, David saw a car speeding down the street towards Charlie. David considered warning Charlie of the approaching car, but since David was in a hurry, he decided not to go back and tell him. As Charlie backed out of his driveway, he was struck by the speeding motorist and was seriously injured.
Able, Baker, and Charlie have all filed lawsuits against David.
What is David's liability to each of them? Discuss.
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