4. At approximately 7:50 p.m., bells at the train station rang and red lig signa
ID: 365470 • Letter: 4
Question
4. At approximately 7:50 p.m., bells at the train station rang and red lig signaling an express train's approach. David Harris walked onto the yellow line painted on the platform instructing people to stan shouted to Harris, warning him to get off the tracks. The trai late to stop the train, which was traveling at approximately and killed Harris as it passed through the station. Ha arguing that the railroad's negligence caused her husband's death. Evaluate her argument. tracks, ignoring a 5 mph. The train struck rris's widow sued the railroad, 5. A new truck, manufactured by General Motors Corp. (GMC), stalled in rush , which caused a ood nearby and waved traffic on a busy interstate highway because of a defective alternator complete failure of the truck's electrical system. The driver st traffic around his stalled truck. A panel truck approached the GMC truck, and immediately behind the panel truck, Davis was driving a Volkswagen fastback. Because of the panel truck, Davis was unable to see the stalled GMC truck. The panel truck swerved out of the way of the GMC truck, and Davis drove straight into it. The accident killed him. Davis's widow sued GMC. GMC moved for summary judgment, alleging (1) no duty to Davis, (2) no factual causation, and foreseeable harm. Comment.Explanation / Answer
Answer:- : Harris was a trespasser and as a result the railroad had no duty of due care to him. The railroad would be liable only if it caused Harris’s death by reckless or intentional conduct. There was no evidence of either. The widow was not permitted to introduce evidence of negligence, because even if the railroad had been negligent, it would be not be liable
Answer:- GMC owes a duty to everyone on the highway since the possibility of an accident is apparent. There was factual causation: had it not been for the faulty alternator the truck would never have stalled. And this chain of events is entirely foreseeable. GMC need not foresee precisely what happened, only that something like this could happen
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