Question
TORTS While using a walk-upATM on the exterior wall of one of Bankco's buildings, Vera was struck by an automobile driven by Denny, causing injuries
TORTS
While using a walk-upATM on the exterior wall of one of Bankco's buildings, Vera was struck by an automobile driven by Denny, causing injuries to her leg that ultimately led to its amputation.Denny had been using Bankco's drive-through ATM, which was so oriented as to have cars using it point directly at the ATM that Vera had been using.Cars such as Denny's were supposed to turn sharply before exiting onto a public street. Denny testified that his car malfunctioned as he pulled away from the drivethrough ATM, causing it to suddenly accelerate toward Vera and leaving him no time for him to steer away or give warning.Nothing but a painted line divided the walk-up ATM from the pavement used by vehicles using the drive-through ATM. Because Denny is insolvent and uninsured, Vera has not bothered suing him. Instead, she has sued Bankco on grounds that it laid out its ATMs in a negligent manner. Although Bankco's facilities complied with applicable zoning and building codes, Vera has discovered that other banks often place traffic barriers between pedestrian ATMs and adjoining roadways.She has not, however, discovered evidence of any similar pedestrianauto accident at the Bankco location in question. Immediately prior to receiving her injury, Vera had withdrawn $200 in cash from her Bankco account.In the confusion following her injury, someone evidently stole that money.The thief was never located.In addition to the injuries caused to her leg, Vera seeks to hold Bankco liable for the theft of that $200.
Question :Assess the merits of Vera's tort claims against Bankco
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