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MMLU / At 10:00p. m. onNovember 14, a driver was operating his automobile along Main…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

At 10:00p. m. onNovember 14, a driver was operating his automobile along Main Street. As the driver was approaching the intersection of Main Street and First Avenue, a motorist, who was driving straight through a red light, suddenly appeared before him. Trying to avoid the motorist, the driver veered his car onto the sidewalk. The car landed in a deep hole in the sidewalk. This hole had been dug by a construction company, which had been repairing a water main break earlier in the day. The construction company had been hired by the local municipal water department. Although the' construction company had erected a warning sign advising pedestrians about the hole, there was no fence or barrier surrounding it. When the driver's car fell into the hole, it ruptured the water main, engulfing the car with water. Within a short time, the driver, unable to escape, drowned in his car, which rapidly filled with water. In a wrongful death action by the driver's estate against the municipal water department, the estate will most probably

choices

  1. prevail, because sovereign immunity would not attach to non-delegable duties, which are proprietary in nature.
  2. prevail, because the city government would be strictly liable for failing to ensure the water main repair work was done properly.
  3. not prevail, because the municipal water department would not be liable for the negligence of its independent contractor.
  4. not prevail, because sovereign immunity attaches to functions that are governmental in nature.

subject

professional_law

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Source and history

task_id
3959729e-6598-565f-b2a5-c7981570c6dc
task_key
all--test--3959729e-6598-565f-b2a5-c7981570c6dc
task_revision_id
1
config / split
all / test

Official source

initial import