Question
What are all of the issues in the following fact pattern? Tom is driving fifty-five (55) miles per hour (MPH) down a four lane rural
What are all of the issues in the following fact pattern?
Tom is driving fifty-five (55) miles per hour (MPH) down a four lane rural road (two lanes in each direction) where the posted speed limit is 60 MPH when he enters the town of Phillipsburg. Tom is in the far, right hand lane of the road. Shortly after entering the town, Tom notices a sign reading "Speed Limit 35 MPH" and applies his breaks to slow the speed of his vehicle. About a 100 feet further along the road after the speed limit sign, Tom notices there are several children kicking a soccer ball amongst themselves in a yard adjacent to the road Tom is driving on. One child, who look to be about nine-years-old, abruptly runs into the street in front of Tom chasing an errant soccer ball. Although Tom is still 100 feet from the child, he immediately swerves to his left into the adjacent lane of traffic. Just as Tom swerved into that left lane, Steve was attempting to speed past Tom in that left lane. To avoid striking Tom, Steve also swerves to the left, entering a lane of traffic that is traveling in the opposite direction. Kim is driving in that opposing lane when Steve abruptly swerves in front of her. Kim has no time to react so she strikes Steve head-on, killing both Kim and Steve instantly. Kim's husband relays these facts to you and asks if there is any action that can be brought against Tom and Steve.
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