Thomas works for Dustin Tree Service. At work one day, Thomas is cutting down a large old oak tree. Not being careful with his work, he dislodges a big branch that starts to fall to the ground, right where Wally, the homeowner, is standing. Gerard, a neighbor, sees what is happening and runs to help Wally, pushing him out of the way of the falling branch. Unfortunately Gerard is injured when the

base of the branch hits him. Is Thomas liable, in negligence, to Wally?

a. Yes, because Thomas was not careful when cutting down the tree.
b. Yes, because Gerard was injured.
c. No, because Wally was not injured.
d. No, because Thomas did not owe Wally a duty of care.


c

Legal Studies & Paralegal

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