Able got into his car, released the brake, and prior to starting the engine, left it on a slight incline in order to pick up a broken bottle lying in the path of the car. The car started to roll in Able’s direction. Baker, a bystander, noticing that Able was oblivious to his peril, pushed him out of the path of the approaching car. Baker was then struck by the car and was seriously injured. Able lost his balance from being pushed by Baker, struck his head on the curbstone and was injured.
In the action by Baker against Able for his injury, Able’s best defense is:
A. That Able could not reasonably foresee that the incline was of sufficient angle to cause an unbraked car to roll.
B. That Baker was not a person within the risk of injury from Able’s act.
C. That Able could not reasonably foresee that a slowly rolling automobile would cause serious injury.
D. That Able had not created a risk of injury to any third person in front of the automobile and therefore cannot be liable to Baker.
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