4. Kathy notices smoke coming out from under the hood of her car. She has the...

   

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4. Kathy notices smoke coming out from under the hood of her car. She has the car towed to a mechanic, who determines that a valve cover gasket is leaking. She instructs him to make the necessary repairs. When she picks up the car, she pays the bill and drives off. One mile later, while stopped at a light, Kathy sees smoke coming from the hood again and gets out of the car just before it catches fire. The fire consumes the car, causing the engine to melt, and thus no specific cause for the fire can be determined. Kathy cannot prove exactly what the mechanic did wrong, but the car shouldn't have caught fire if the mechanic had repaired the car properly. Required: 1) Can the plaintiff establish that the mechanic was negligent in such situations? Explain. (6 points) 2) In case the plaintiff cannot prove that the mechanic was negligent, what other legal recourse could be inferred? (7 points) 3) Who else may have been negligent? (7 points) 4. Kathy notices smoke coming out from under the hood of her car. She has the car towed to a mechanic, who determines that a valve cover gasket is leaking. She instructs him to make the necessary repairs. When she picks up the car, she pays the bill and drives off. One mile later, while stopped at a light, Kathy sees smoke coming from the hood again and gets out of the car just before it catches fire. The fire consumes the car, causing the engine to melt, and thus no specific cause for the fire can be determined. Kathy cannot prove exactly what the mechanic did wrong, but the car shouldn't have caught fire if the mechanic had repaired the car properly. Required: 1) Can the plaintiff establish that the mechanic was negligent in such situations? Explain. (6 points) 2) In case the plaintiff cannot prove that the mechanic was negligent, what other legal recourse could be inferred? (7 points) 3) Who else may have been negligent? (7 points)

Answer rating: 100% (QA)

1 In order to establish that the mechanic was negligent in such a situation the plaintiff Kathy would need to prove the following elements of negligen... View the full answer