From the daily archives:

Monday, January 4, 2010

MBE Question of the Day #6

by Maryann Herman

Jan
4

An ordinance of the city of Metropolis prohibits parking on pedestrian crosswalks. Denise parked her car on a crosswalk on Main Street in violation of the ordinance. A car driven negligently by Cynthia ran into Denise’s car while it was parked in the crosswalk, injuring Penelope, a passenger in Cynthia’s car.

Penelope has asserted claims for her injuries both against Cynthia for negligent driving and against Denise for parking her car in the crosswalk in violation of the crosswalk ordinance.

Will Penelope prevail in her suit against Denise?

A.  Yes, because parking in violation of the crosswalk ordinance was negligence per se.

B.  Yes, if Penelope would not have been injured had Denise’s car not been parked in the crosswalk.

C.  No, because Denise’s parked car was not an active or efficient cause of Plaintiff’s injury.

D.  No, if prevention of traffic accidents was not a purpose of the ordinance.

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