CASE 9.1,Kubert v.Best (2013)examined the question of whether a third party who was not present,but was __________ the driver of the car who hit the plaintiff,had __________ the person who was injured.

Question

Quizplus · Accepted Answer

The case involved a situation where the defendant driver was texting with the third party defendant at the time of the accident. The court ultimately found that the third party defendant did not owe a legal duty of care to the plaintiff, as they were not physically present at the scene of the accident. However, the court noted that if the third party defendant had been physically present and distracted the driver, they may have owed a legal duty of care to the plaintiff. Therefore, choice A, texting and a legal duty of care to the injured person, is the most accurate answer.

CASE 91,Kubert V