Phillip Was Waiting for a Bus at a Bus Stop

question 40

Multiple Choice

Phillip was waiting for a bus at a bus stop.Across the street and down the block,a mechanic negligently overinflated a tire he was intending to put onto Marsha's pickup truck.The exploding tire injured Marsha and frightened a neighborhood dog,which ran down the street and knocked Phillip down,injuring his knee.Phillip sued the mechanic.In applying the Palsgraf v.Long Island Railroad Co.decision to this case,Phillip would

• A)win because the mechanic was negligent in overinflating the tire, which led to Phillip's injury.
• B)win based on negligence per se.
• C)lose because the court would apply the doctrine of res ipsa loquitur.
• D)lose because, although the mechanic's conduct was negligent toward Marsha, it was not a wrong in relation to Phillip, who was far away. The mechanic could not have foreseen injury to Phillip and therefore had no duty to him.

---

Definitions:

Genetic Engineering

The manipulation of an organism's genes using biotechnology, often involving the transfer of specific traits, or genes, from one organism or species to another to improve or change characteristics.

Pest-resistant

Refers to plants that have developed or been genetically modified to resist pests, reducing the need for chemical pesticides.

Disease-resistant

The ability of an organism to prevent infection or resist the effects of disease-causing pathogens through natural or genetically modified traits.

Chemical Pesticides

Substances used to kill or control the population of pests that can harm crops, animals, and humans, made from synthetic chemicals.