Legal Environment 4th Edition by Jeffrey Beatty, Susan Samuelson

Exercise 14

Jason Jacque was riding as a passenger in a car driven by his sister, who was drunk and driving 19 mph over the speed limit. She failed to negotiate a curve, skidded off the road, and collided with a wooden utility pole erected by the Public Service Company of Colorado (PSC). Jacque suffered severe brain injury. He sued PSC for negligently installing the pole too close to the highway at a dangerous curve where an accident was likely to happen. The trial court gave summary judgment for PSC, ruling that PSC owed no duty to Jacque. He appealed. Please rule.