Dixie, a driver for express delivery company, leaves the truck's motor running in neutral and carelessly forgets to set the parking brake while she makes a delivery. the truck rolls and crashes into a nearby gas station pump, igniting a fire that spreads quickly to a construction site a block away. a burned wall collapses onto a crane, which falls on fazio, a bystander, and injures him. what must fazio show to recover damages from express delivery?
To recover on the ground of negligence, Fazio must show that Express Delivery owed him a duty of care, that Express Delivery (through Dixie) breached that duty, that Fazio was injured, and that Express Delivery's breach caused that injury.
There is no question that in operating the truck, Dixie was acting on Express Delivery's behalf and that her actions breached the duty of reasonable care necessary to park the truck.
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