Problem
In a local community, the head of the Department of Public Works has resigned to take a better-paying position. The community immediately advertises for a replacement. Among the department head's duties was checking all vehicle maintenance. A week after the head has quit, a Department of Public Works employee fails to repair the brakes on a village truck. The next day, a heavy fog settles on the community. An employee takes the vehicle out to a road-repair project and within half a mile, the brakes fail, creating an automobile accident. The driver of the car hit by the Public Works truck sues for damages. The community says that it is immune from suit in this instance. Do you agree or disagree? Why?