In January, a Driver Accidentally Caused a Snow Plow to Go

question 128

Multiple Choice

In January, a driver accidentally caused a snow plow to go off the road, crash into a house, and enter the living room. No one was hurt, but the incident caused extensive damage to the house. If the driver of the snow plow was charged with the crime of driving while impaired, and convicted, which of the following would be true?

• A) The owners of the house would have no civil action against the driver because no one was hurt.
• B) The owners of the house could also proceed in a civil action against the driver for the tort of nuisance.
• C) The owners of the house could also proceed in a civil action against the driver for the tort of negligence.
• D) The owners of the house could not proceed in a civil action because the driver had already gone through a criminal action and he cannot be forced to go through two proceedings for the action.
• E) The driver would be found liable in a civil action only if the prosecutor could prove he was guilty beyond a reasonable doubt.

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Definitions:

Arbitration Agreement

A contract in which parties agree to settle a dispute outside of court through the process of arbitration, where an arbitrator's decision can be binding or non-binding.

Arbitrators Bias

A situation where an arbitrator shows partiality or prejudice, affecting their neutrality in dispute resolution.

Federal Arbitration Act

A United States federal statute that provides for the enforcement of arbitration agreements and allows for the resolution of disputes outside the court system.

Continuance

A legal term referring to the postponement of a court proceeding or trial to a later date.