Accepted Answer

1. Offerer is the City and Berkeley Construction is the offeree.

2. She may be if she was was negligent. Typically if a tort causes injury, the negligent party is responsible for all foreseeable damage that occurs from the act. Since the damage was caused but for the act of the driver, which ultimately caused the last vehicle to pitch forward, the initial tortfeaser remains liable. However she does have defenses of contributory negligence on the part of the last vehicle and also possibly on the part of the pedestrian. It can be argued that since the last vehicle was already out on the pedestrian crosswalk, it was already negligent of proper driving patterns and was contributorily negligent when the accident and subsequent death took place. In addition if the pedestrian was negligently walking in front of the vehicle he clearly saw as protruding over the walkway, he may also have contributed to the accident by not paying attention to the traffic. However this would most likely not succeed since the pedestrian, barring other facts, was walking on the pedestrian walkway and was not walking on the road.

Sincerely,

XXXXXXX XXXXXXXXX XXXXXX, Esq.

Expert:	Dimitry Alexander Kaplun
Pos. Feedback:	99.0 %
Accepts:
Answered:	10/21/2009

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