In January,a driver accidentally caused a snowplow to go off the road,crash into a house,and enter the living room of that house.No one was hurt,but the incident caused extensive damage to the house.If the driver of the snowplow was charged with the crime of driving while impaired,and subsequently convicted,which of the following is true?
A) 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.
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 driver would be found liable in a civil action only if the prosecutor could prove he was guilty beyond a reasonable doubt.
E) The owners of the house would have no civil action against the driver because no one was hurt.
Correct Answer:
Verified
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