Bar Exam (US) Torts: At 10:00 P.M. on November 14th, Driver was operating his automobile down Su...

Question

At 10:00 P.M. on November 14th, Driver was operating his automobile down Sunset Boulevard in Beaver Falls. As Driver was approaching the intersection of Sunset Boulevard and Vine Street, Motorist, who was driving straight through a red light, suddenly appeared before him. Trying to avoid Motorist, Driver veered his car onto the sidewalk. The car landed in a deep hole in the sidewalk. This hole had been dug by the Fall-Tee Construction Company, which had been repairing a water main break earlier in the day. Fall-Tee had been hired by the Beaver Falls Municipal Water Department. Although Fall-Tee had erected a warning sign advising pedestrians about the hole, there was no fence or barrier surrounding it.

When Driver's car fell into the hole, it ruptured the water main, engulfing the car with water. Within a short time, Driver, unable to escape, drowned in his car, which rapidly filled with water.

Fifteen minutes later, Walker was proceeding down Vine Street. The warning sign had been knocked down by Driver's car after it veered onto the sidewalk. As a result, Walker was unaware of the dangerous condition as he approached the gaping hole. In the darkness, Walker, not seeing the hole, fell in. As Walker was attempting to stay afloat, he began screaming, "Help! Help! I can't swim. I'm drowning." His screams attracted the attention of Rescuer, who immediately hurried to assist Walker. As Rescuer was leaning over the hole attempting to pull Walker out, he lost his balance and plunged into the hole himself. Both Walker and Rescuer suffered serious bodily injuries before they were pulled out of the hole by the Beaver Falls Rescue Squad.

Which of the following facts or inferences, if true, would be most helpful in a wrongful death action by Driver's estate against Motorist?

AnswerChoose the correct answer.Choose all that apply. Correct Partially correct Incorrect Don't Know

  1. A
    Correct Answer
    Fall-Tee's work crew failed to post the warning sign on the day of the accident.
  2. B
    Correct Answer
    The Municipal Water Department had instructed Fall-Tee to erect a fence or barrier around the hole.
  3. C
    Correct Answer
    The traffic signal at Sunset and Vine had been inspected the day before the accident and found to be functioning properly.
  4. D
    Correct Answer
    Motorist was operating his vehicle without his driver's license in violation of the State Motor Vehicle Code.
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