Smith drives along the Road when his nose starts to run. He reaches over to the floor of the passenger?s seat fo
Smith drives along the Road when his nose starts to run. He reaches over to the floor of the passenger’s seat for a Kleenex tissue, and his car crosses over the centerline of Fordham Road and into the path of a gasoline truck. The truck driver swerves to the right to avoid a collision, hits a wall, and springs a leak. Gasoline pours out of the truck, onto Fordham Road, and into the sewer system, which triggers a $1,000,000.00 million environmental cleanup by City officials. The City sues Smith to recover its costs.
Is Smith negligent? Explain your answer.
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