Question
8. Philip drove a tractor-trailer rig onto a ferry boat. He left the rig in gear because of a problem with its brakes. Posted regulations prohibited the starting of engines before docking, but when the ferry was about 50 feet from the dock Philip started his engine. That caused the tractor- trailer to jump forward and strike Herrick's car, which in turn hit Patton's car. Patton's car, at the head of the line crashed through the ferry's barricades and plunged I into the water. The car could not be recovered. What was the tort duty in this case? Where was the breach of the duty? What were the injuries? What was the proximate cause of the injury to Patton's car?
Answer
4.4
(316 Votes)
Olwen
Elite · Tutor for 8 years
Answer
The tort duty in this case would be negligence. The breach of duty occurred when Philip started his engine before docking, which violated the posted regulations prohibiting the starting of engines.The injuries involved in this case include the damage to Herrick's car, Patton's car, and the loss of Patton's car, which plunged into the water and could not be recovered.The proximate cause of the injury to Patton's car was Philip starting his engine while the ferry was still in motion, causing the tractor-trailer to jump forward and strike Herrick's car, which then hit Patton's car, ultimately leading to it crashing through the ferry's barricades and plunging into the water.