Cengage Advantage Books: Law for Business 18th Edition by John Ashcroft ,Janet Ashcroft

Exercise 22

Two passengers on a county bus got into a noisy argument. To quiet them, the bus driver pulled the bus to the curb and ordered everyone off. All but three passengers, Courvoisier Carpenter and the two involved in the argument, complied. The driver exited the bus, leaving the engine running. The two involved in the argument eventually left the bus. The driver then re-entered the bus and again ordered Carpenter to disembark. Carpenter began exhibiting bizarre behavior, including acting as if he were talking to somebody outside the vehicle, although nobody was there, yelling unintelligibly, and striking the windows of the bus with his fists. After watching for several minutes, the driver exited the bus again, leaving the engine running and Carpenter on board. Carpenter got in the driver's seat of the fourteen-ton bus and drove it down the street and into several vehicles, including that of Elea and Roy Parrilla. The Parrillas sued the county, alleging that it owed them a duty of care by virtue of its status as a common carrier of passengers. For whom should the court find on this issue?