Injuries from alleged negligence and strict liability

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Lucy and Pan were walking in their neighborhood with their three-year-old son, Stan. It was snowing pretty heavily that day. At the corner next to a busy intersection, they met their friend Joe. While Lois and Peter were engaged in conversation with Joe, they failed to notice Stewie wandering into the street. A large eighteen-wheeler, owned by PDot Industries, was traveling through the intersection at the legal speed limit. Quagmire, the driver, spotted Stewie in the middle of the road and very quickly applied his brakes, stopping inches short of little Stewie. However, because the brakes were applied so quickly, the truck’s trailer unit swerved into the other lane, striking a car driven by Clark and severely injuring him. An anti-swerve device was available that, had it been installed on the truck, would have prevented the trailer from swinging into the other lane. The device could be installed easily and cheaply, but most commercial truck operators in the state had not installed the device on their trucks. Clark sues Lucy and Pan for negligence. Clark also sues PDot Industries, both for the negligence of their driver and for not installing the anti-swerve device. Assuming the facts above are the only facts you have available, discuss whether Pan/Lucy and/or PDot Industries are liable for Clark's injuries from alleged negligence and strict liability.

Reference no: EM131199394

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