Problem regarding trial against negligence


Question: P was walking in a crosswalk when struck by a car driven by D. At P's trial against D for negligence, the following evidence was presented. D claimed that he had taken his foot off the accelerator and had applied the brakes, but that the car suddenly sped forward and struck P. P's evidence consisted solely of the testimony of an automobile safety expert who testified that D's car had a manufacturing defect that caused sudden and uncontrollable acceleration. At the close of all evidence, D asked the court to declare a directed verdict in D's favor. D's request should be Question options: a) denied, D is liable because it was his car. b) denied, D had a non-delegable duty to make sure the car was operating properly. c) granted, because P was not the purchaser or user of the automobile. d) granted, because P did not provide any evidence of D's negligence.

 

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