Dan, a driver for EZ Delivery Company, leaves the truck's motor running in neutral and carelessly forgets to set the parking brake while he makes a delivery. The truck rolls and crashes into a nearby gas station pump, igniting a fire that spreads quickly to a construction site a block away. A burned wall collapses onto a crane, which falls on, and injures, a bystander, Flo. What must Flo show to recover damages from Dan?
What will be an ideal response?
To recover on the ground of negligence, Flo must show that EZ owed her a duty of care, that EZ (through Dan) breached that duty, that Flo was injured, and that EZ's breach caused that injury. There is no question that in operating the truck, Dan was acting on EZ's behalf and that his actions breached the duty of reasonable care necessary to park the truck. Also, Flo was injured by a crane falling on her, not by her own negligence. Liability turns on whether Flo can connect Dan's breach of duty to her injury. The issue of foreseeability is the test of proximate cause, the connection needed for Flo's recovery for damages. Flo must show that the chain of events was a foreseeable result of Dan's carelessness.
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