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With Driver at the wheel, Driver and Passenger motored into town. Passenger fell asleepduring the trip. Driver parked 5 feet from a fire hydrant, next to a bank, in violation of amunicipal statute which bans parking within 10 feet of a fire hydrant. Driver went intothe bank to make a deposit. Passenger remained asleep. Trucker, who was drivingdown the street where the bank is located, suddenly swerved the truck to avoid hitting adog which darted into the street and in front of Trucker’s truck. Trucker’s truck smashedinto Driver’s car resulting in a serious injury to Passenger.Had Driver parked anywhere else, Trucker’s truck would not have smashed into Driver’scar and injured Passenger. Passenger sued Driver in Negligence. Discuss whetherPassenger will recover in Negligence Per Se as against Driver. Passenger sued Truckerin Negligence. Discuss whether Passenger will recover as against Trucker in TraditionalNegligence.Use all legal rules and concepts to support your analysis. Comment on the postings ofyour classmates.
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