Question

1) Brady Bus Co. has asked for your advice as to whether it's likely to succeed...

1) Brady Bus Co. has asked for your advice as to whether it's likely to succeed if it appeals to the trial judge's decision described below. Explain your advice.

Nick sues Brady Bus Co. after Brady's bus hits Nick's car. At the trial, the only evidence is the testimony of three people.

Nick testified that he was driving carefully in the left lane of a 2-lane street, when the bus, which was in the right lane, suddenly swerved left, into his car.

A bus passenger testified that the driver was looking at his cell phone when the bus swerved into the left lane.

The bus driver testified that at all times he drove carefully, did not look at his cell phone, and obeyed traffic laws. He testified that Nick’s car came into the right lane, causing the crash.

The trial judge rules in favor of Nick. The judge says that after hearing the testimony, she believed Nick and the passenger told the truth and that she did not think the bus driver's account was credible. The judge makes a finding of fact that the bus driver was looking at his cell phone at the time of the accident, causing the bus to swerve and hit Nick’s car.

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Answer #1

Ans- No, Brady Bus Co. would not succeed if it appeals to the trial judge's decision because one of the passenger of the bus has testified that the driver was looking in his cell phone when the bus swerved into the left lane and Nick himself too testified that he was driving carefully in the left lane of a 2-lane street, when the bus which was in the right lane, suddenly swerved left, into his car and as Brady Bus Co. has nothing to show as evidence in support of its driver so he will not succeed if it appeals as judge always see the evidence before making their decision.

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