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 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.

Question

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 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.

Quizplus · Accepted Answer

In the Palsgraf v. Long Island Railroad decision, the court established the concept of proximate cause, which holds that a defendant is only liable for the foreseeable harms that they cause. In this case, the mechanic's overinflation of a tire caused injury to Marsha and also frightened a neighborhood dog. However, it would be difficult to argue that the mechanic could have foreseen harm to Phillip, who was far away from the scene of the accident. Therefore, the mechanic had no duty to Phillip, and he would likely not be held liable for Phillip's injuries.

Phillip Was Waiting for a Bus at a Bus Stop