Question Description
This assignment is a discussion post:
With Driver at the wheel, Driver and Passenger motored into town. Passenger fell asleep during the trip. Driver parked 5 feet from a fire hydrant, next to a bank, in violation of a municipal statute which bans parking within 10 feet of a fire hydrant. Driver went into the bank to make a deposit. Passenger remained asleep. Trucker, who was driving down the street where the bank is located, suddenly swerved the truck to avoid hitting a dog which darted into the street and in front of Trucker's truck. Trucker's truck smashed into Driver's car resulting in a serious injury to Passenger. Had Driver parked anywhere else, Trucker's truck would not have smashed into Driver's car and injured Passenger. Passenger sued Driver in Negligence. Discuss whether Passenger will recover in Negligence Per Se as against Driver. Passenger sued Trucker in Negligence. Discuss whether Passenger will recover as against Trucker in Traditional Negligence.
Use all legal rules and concepts to support your analysis. Comment on the postings of your classmates.
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