Answered step by step
Verified Expert Solution
Question
1 Approved Answer
Phillip was waiting for a bus at a bus stop. Across the street and down the block, a mechanic negligently overinflated a tire he was
Phillip was waiting for a bus at a bus stop. Across the street and down the block, a mechanic negligently overinflated a tire he was intending to put onto Melissa's pickup truck. The exploding tire injured Melissa and frightened a neighborhood dog, which ran down the street and knocked Phillip down, injuring his knee. Phillip sued the mechanic. In applying the Palsgraf v Long Island Railroad decision to this case, Phillip would
Question options:
a
win because the mechanic was negligent in overinflating the tire, which led to Phillip's injury.
b
win based on negligence per se
c
lose because the court would apply the doctrine of res ipsa loquitur.
d
lose because, although the mechanic's conduct was negligent toward Melissa, it was not a wrong in relation to Phillip, who was far away. The mechanic could not have foreseen injury to Phillip and therefore had no duty to him.
Step by Step Solution
There are 3 Steps involved in it
Step: 1
Get Instant Access to Expert-Tailored Solutions
See step-by-step solutions with expert insights and AI powered tools for academic success
Step: 2
Step: 3
Ace Your Homework with AI
Get the answers you need in no time with our AI-driven, step-by-step assistance
Get Started