Alleging Negligence – Bobs Lumber

• Bob’s Lumber Company was making a delivery of lumber to a job site one sunny morning. In transport, a couple of pieces of lumber fell from the delivery truck onto the highway. It turns out that Bob’s Lumber Company used old ropes and failed to adequately secure the lumber on the truck. Jane regularly travels the highway going to work each morning. As she normally does, Jane checks her work voicemail while traveling. Not seeing the lumber in the highway, Jane hit a piece of the lumber, and crashed into another car. The other car burst into flames and started a fire that burned a 20-acre tract of land.
• Jane and the owner of the 20-acre tract of land sue Bob’s Lumber Company for damages resulting from the accident, alleging negligence.
• The owner of Bob’s Lumber Company, Bob, is your neighbor and knows you are taking a law course. Bob tells you that he plans to see his lawyer tomorrow, but in advance of the meeting, asks whether you know anything about negligence, and whether you think his company will have liability arising from this situation. He asks you for advice on how to proceed.
• In one page or less single spaced, what will you tell Bob?
• Be sure to address (i) the required elements of a negligence claim and (ii) whether you believe Bob’s will have any liability.