Cato Is Driving a Car in Which Diego Is a Passenger

Multiple Choice

Cato is driving a car in which Diego is a passenger when an accident occurs. Diego is not injured. In Diego's tort action against Cato for negligence, Cato can most likely assert as a successful defense that

A) Diego breached his duty to warn the driver of the impending accident.
B) Cato did not intend to cause an accident.
C) the risk of a car accident was foreseeable.
D) Diego was not injured.