Ned was returning home from his new job as greeter at the Olive Patch Restaurant. In order to get back and forth from work, he commuted on the city bus. During his second week on the job, Ned injured himself at his bus stop when he fell getting off the bus that had stopped more than 12 inches from the curb.

Section 2004 (11), subpart (2) of the State of Gates Statutory Code requires a parked vehicle to be within 12 inches from the curb.  The Preamble to that section of the Code states, “The purpose of this statute governing the rules of the road is to ensure that there is sufficient and adequate usable space on public roads to provide for smooth and efficient traffic flow.”

The statute was last revised in the fall of 2000, following a series of serious collisions resulting from cars needing to swerve around double parked vehicles on major thoroughfares.

Following those highly publicized auto accidents, State Legislator Quimby told the newspaper, “it is absolutely critical that Section 2004 passes.  This is a matter of public safety.”

Ned wants to sue the municipal bus company for negligence and comes to you for legal advice.  Discuss the strengths and weaknesses of his case, using any applicable case law from the  case book.