Question

Two thugs in an alley in Manhattan held up an unidentified man. When the thieves departed with his possessions, the man quickly gave chase. He had almost caught one when the thief managed to force his way into an empty taxi cab stopped at a traffic light. The Peerless Transport Company owned the cab. The thief pointed the gun at the driver's head and ordered him to drive on. The driver started to follow the directions while closely pursued by a posse of good citizens, but then suddenly jammed on the brakes and jumped out of the car to safety. The thief also jumped out, but the car traveled on, injuring Mrs. Cordas and her two children.
The Cordases then brought an action for damages , claiming the cab driver was negligent in jumping to safety and leaving the moving vehicle uncontrolled.
a) Was the cab driver negligent? Explain.

Answer 1

Answer:

Yes, he was negligent

Explanation:

Base on the scenario been described in the question, Yes, he was negligent. It could reasonably be assumed that leaving the car without setting the brake could cause someone to be injured. Despite being negligent in this regard, the thief holds a large percentage of the blame for this incident and the cab driver's share (actually, his insurance company's share) of liability should reflect that.