David is driving $25$ MPH in $25$ MPH zone down a four lane street where there are children playing. One nine$-$year$-$old child, Kevin, runs into the street chasing a soccer ball. David, without looking over his shoulder, swerves into the other lane to avoid Kevin and in the process he hits a car, driven by Peter, that was speeding past him in the left$-$hand lane going in the same direction.Peter loses control of his car, hits a telephone pole and is seriously and permanently injured. The telephone pole, owned by the local phone company TeleCo, easily snaps into two pieces. A van driven by Scott while he was on the clock for his employer, Electric Inc, is behind Peter and David and is unable to stop in time and hits part of the broken pole. E The pole then hits Kevin, who is still in the street, knocking him unconscious and resulting in permanent injuries. TeleCo never did any testing of its poles to establish how easily the poles broke. The only factor used in manufacturing the poles was cost. The poles were made of low quality trees and were not treated in any significant manner except for a coating of tar. No reinforcement was used on the poles.