Question: Wiley is driving down the freeway and as he passes under an overhead that was being repaired Acme Welding a large metal truss drops through
Wiley is driving down the freeway and as he passes under an overhead that was being repaired Acme Welding a large metal truss drops through the air and strikes Wiley's car doing injury to Wiley. At the time of the accident Acme alone had access to the overpass during repairs. Wiley sues for negligence. Under these facts it is likely that:
A The court might infer negligence by Acme under the doctrine of negligence perse.
B The court might infer intentionality to harm Wiley.
C The court might infer negligence by Acme under the doctrine of res ispa loquitur.
D If the court infers negligence under the res ispa loquitur, then the burden of proof shifts to Acme the defendant to prove that it did not cause the harm.
E C and D
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