Ted and Tom were driving to work in the formerâs automobile one morning. As they were traveling at a speed of 20 mph (which was within the posted speed limit), Tom suddenly pointed to an overturned vehicle along the side of the highway and said, âLook at that car upside down.â Ted turned to look at the overturned vehicle. As he was looking toward the side of the road, Ted failed to see an abandoned vehicle with a flat tire in the highway about 200 feet in front of his oncoming auto. Seconds later Ted crashed into the rear of the abandoned auto and was injured. The jurisdiction has a relevant comparative negligence statute in effect. If Ted asserts a claim against the owner of the abandoned auto, the most likely result is that Ted will:
A. recover all of his damages because the defendant created a dangerous condition.
B. recover only a portion of damages, because the abandoned auto was in plain view.
C. recover nothing, because he had the last clear chance to avoid the collision.
D. recover nothing, because Passengerâs act was a supervening cause.
Answer:B
Ted and Tom were driving to work in the formerâs automobile one morning. As they were traveling at a speed of 20 mph (which was within the posted speed limit), Tom suddenly pointed to an overturned vehicle along the side of the highway and said, âLook at that car upside down.â Ted turned to look at the overturned vehicle. As he was looking toward the side of the road, Ted failed to see an abandoned vehicle with a flat tire in the highway about 200 feet in front of his oncoming auto. Seconds later Ted crashed into the rear of the abandoned auto and was injured. The jurisdiction has a relevant comparative negligence statute in effect. If Ted asserts a claim against the owner of the abandoned auto, the most likely result is that Ted will:
A. recover all of his damages because the defendant created a dangerous condition. B. recover only a portion of damages, because the abandoned auto was in plain view. C. recover nothing, because he had the last clear chance to avoid the collision. D. recover nothing, because Passengerâs act was a supervening cause.