Scenario:

Penny Penelope drives an ice-cream truck for Yummy Ice Cream during the summer on a suburban route in Florida. Music plays through a loudspeaker on the truck to draw attention to the truck as it travels through the various subdivisions. On hearing the music, six-year-old twins Joey and Janey run for the truck, darting into the street between two parked cars. Joey is the first one to run out. He does not see a sports car speeding straight toward him. The car hits Joey, knocking him unconscious. The car speeds away without stopping.

Joey's parents want to sue Yummy Ice Cream for negligence and for liability of the driver of the ice-cream truck. They have come for advice to the law firm where you work.

let's consider that most (if not all) ice cream trucks have loud music, lights, and caution signs indicating children will be near. Does this change your answer at all? If you consider that children are the responsibility of their parents, does it matter that there is no mention of parental supervision in this scenario?