Question
Ryder leased a truck to Florida Food Service. Powers, an employee, drove it to make deliveries. He noticed that the strap used to close the
Ryder leased a truck to Florida Food Service. Powers, an employee, drove it to make deliveries. He noticed that the strap used to close the rear door was frayed, and he asked Ryder to fix it. Ryder failed to do so in spite of numerous requests. The strap broke, and Powers replaced it with a nylon rope. Later, when Powers was attempting to close the rear door, the nylon rope broke and he fell, sustaining severe injuries to his neck and back. He sued Ryder. The trial court found that Powers's attachment of the replacement rope was a superseding cause, relieving Ryder of any liability, and granted summary judgment for Ryder. Powers appealed.
How should the appellate court rule?
Please be sure to discuss all the elements of negligence and most importantly foreseeability.
please refer to the seminal case ofPalsgraf.
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