Question

Karen, a driver for Domino's Pizza, leaves the truck's motor running in neutral and carelessly forgets to set the parking brake while she makes a delivery. The truck moves forward and crashes into a nearby electrical pole igniting a fire that spreads quickly to a construction site a block away. A burned wall collapses onto a crane, which falls on Frank, a bystander, and injures him.

Required:
What must Frank show to recover damages from Domino's for the tort of negligence

Answer 1

The answer is given in detail below.

Step-by-step explanation:

In the negligence case, the damages would be recovered if Frank (injured party) as a plaintiff would be able to prove that the Company's driver (Karen) owed him a duty of care, that the duty was breached by the company's driver, that the plaintiff (Frank) was injured and that the injury was caused due to the breach of the duty of care.

In the following case, the crane falling on Frank was the reason for his injury. Therefore, to prove that the duty of care was breached, Frank would have to connect the breach to the injury caused to him. This would require doing the foreseeability test, which questions the fact that the person who caused the injury could have reasonably foreseen the results of the action caused by them due to his or her misconduct. In this problem, the company's driver did breach the duty of reasonable care.