Jeremy, one of our parts delivery drivers, was nearing the end of his shift picking up parts and delivering them to various locations in the area. He leaned over to adjust the radio while he was pulling out of a parts store parking lot. He carelessly swerved up and over a curb and came to a stop near the sidewalk. Anne Marie, a dog owner was walking her dog on the sidewalk near the van and looking up at a low-flying plane. She thus failed to see an uneven spot in the cement slabs making up the sidewalk. Right as her foot caught the jagged edge of the sidewalk, Anne Marie saw the van rapidly approaching her and she screamed loudly. She fell on the sidewalk and broke her arm. The van came within inches of her leg, but it did not touch her.

Is Jeremy liable to Anne Marie for her injuries? Does he have any defenses?

Answer rating: 100% (QA)

In this scenario it appears that Jeremy was distracted while driving and swerved onto the sidewalk causing Anne Marie to fall and break her arm Based ... View the full answer