Question

78. An industrial truck sales and service center had a wide variety of rigs, trucks and tractors in its multi-acre gated main parking lot. There was a set of keys in each vehicle. The entrance gate was intentionally left open during the day for convenient ingress and egress. A gang member from a nearby gang headquarters walked into the parking lot during work hours, and drove off with a very large state-of-the-art industrial tow truck. He had difficulty managing the gear shifts and other knobs while accelerating, and was so distracted that within a few minutes he ran over and killed an elderly woman in a cross walk. The woman’s estate sued the truck center for negligence. The defendant service center filed a motion to dismiss, in which it asserted that it had no duty to third persons to protect them from truck thieves. It argued that even if it had a duty, the interceding act of the thief was a superseding cause of the accident. Will the court allow the plaintiff’s wrongful death negligence action against the truck center to go forward?
Group of answer choices

Yes, because the special circumstances are that the truck was powerful and not commonly drivable by untrained persons; and, it was left unattended, unguarded and accessible to thieves who generally would likely have trouble operating a big rig or a specialized industrial truck.

Yes, because the service center is strictly liable for any damages to third parties resulting from unauthorized use of one of its trucks.

No, because the leaving of keys in a vehicle is never considered a foreseeable cause of injury or death from a vehicle thief who does not drive properly.

No, because the service center could not foresee that a gang member who didn’t know how to drive an industrial tow truck would take it and kill someone.

Answer 1

No because the service centre could not foresee that a gang member who did'nt know how to drive an industrial truck would take it and kill someone

but the service centre must be punished partially for the negilgence of keeping the keys attached to the vehicle and keeping the gates open for access of any stranger

such behaviour should not be let go by the court and must be punihed severle so that such mistaks are not repeated in the future but the closing of the service centre is nit the correct option