Stalled in rush-hour traffic on busy interstate highway

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Reference no: EM131239891

A new truck, manufactured by General Motors Corp. (GMC), stalled in rush-hour traffic on a busy interstate highway because of a defective alternator, which caused a complete failure of the truck’s electrical system. The driver stood nearby and waved traffic around his stalled truck. A panel truck (a small delivery truck with a fully enclosed body and no back windows) approached the GMC truck. Immediately behind the panel truck, Davis was driving a Volkswagen coupe. Because of the panel truck, Davis was unable to see the stalled GMC truck. The panel truck swerved out of the way of the GMC truck, and Davis drove straight into it. The accident killed him.

Davis’s widow sued GMC. GMC moved for summary judgment, alleging (1) no duty to Davis; (2) no factual causation; and (3) no foreseeable harm.

Discuss the merits of each of the three defenses that GMC has raised.

Reference no: EM131239891

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