Dixie, a driver for Express Delivery Company, leaves the truck's motor running in neutral and carelessly forgets to set the parking brake while she 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 col-lapses onto a crane, which falls on Fazio, a by¬stander, and injures him. What must Fazio show to recover dam¬ages from Express Delivery?
To recover on the ground of negligence, Fazio must show that Express Delivery owed him a duty of care, that Express Delivery (through Dixie) breached that duty, that Fazio was injured, and that Express Delivery's breach caused that injury.
There is no question that in operating the truck, Dixie was acting on Express Delivery's behalf and that her actions breached the duty of reasonable care necessary to park the truck. Also, Fazio was injured by a crane falling on him, not by his own negligence. Liability turns on whether Fazio can connect Dixie's breach of duty to his injury. Fazio must show that the chain of events was a foreseeable result of Dixie's carelessness. The issue of foreseeability is determined by the test of proximate cause, the connection needed for Fazio's recovery of damages.
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