Alicia, talking on her cell phone, foolishly runs off the road and over Eduardo's foot. The tort that Eduardo will most likely initiate is:

Question

Quizplus · Accepted Answer

Alicia's action of running off the road and running over Eduardo's foot was due to her negligence in using her cell phone while driving. Eduardo can initiate a lawsuit for negligence to recover damages for his injuries. Battery and assault involve intentional actions, which was not the case here. Emotional distress may or may not be a component of the lawsuit, but negligence is the closest fit. Option E is incorrect because Alicia's action was not innocent, but a result of her negligence.

Alicia, Talking on Her Cell Phone, Foolishly Runs Off the Road