William Brill, a truck driver, had just delivered lumber to Queens Lumber. As he was returning to his truck, he was hit by a Queens Lumber forklift driven by an employee, Eric Vigil. After sustaining serious injuries, Brill sued both Queens Lumber and Vigil for negligence.

What elements does Brill have to prove to establish negligence? In general, what duty does a driver of a motor vehicle owe to pedestrians? On what theory of liability could Queens Lumber be found negligent? Would the result be the same if Brill had failed to look both ways before walking back to his truck? [Brill v. Queens Lumber Co.,2013 WL 1290948 (E.D.N.Y. Mar. 27, 2013).]