Business Law 11th Edition by Kenneth Clarkson,Roger LeRoy Miller,Gaylord Jentz,Frank Cross

Exercise 5

Negligence Per Se A North Carolina Department of Transportation regulation prohibits the placement of telephone booths within a public right-of-way. Despite this regulation, GTE South, Inc., placed a booth in the right-of-way near the intersection of Hillsborough and Sparger Roads in Durham County. A pedestrian, Laura Baldwin, was using the booth when an accident at the intersection caused a dump truck to cross the right-of-way and smash into the booth. Was Baldwin within the class of persons protected by the regulation If so, did GTE's placement of the booth constitute negligence per se Explain.