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.

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Definitions:

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