question archive The State of Colombia has a statute that makes it a misdemeanor to leave the key in the ignition of an unattended motor vehicle

The State of Colombia has a statute that makes it a misdemeanor to leave the key in the ignition of an unattended motor vehicle

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The State of Colombia has a statute that makes it a misdemeanor to leave the key in the ignition of an unattended motor vehicle. Sherry needed to pick up a dress at the dry cleaners and left her unattended car idling while she ran into the store. Peter, a 12-year-old boy, jumped into the car, put it in gear, and drove away. Within a mile of the dry cleaners, Peter lost control of the vehicle. The car jumped the curb and struck Alfred, a pedestrian. Alfred suffered extensive injuries.

 

Question:

  1. In a negligence suit against Sherry, if Alfred raises the claim of negligence per sewould the court likely accept or reject the doctrine of negligence per se? 

Provide the rule and apply the law to the facts.

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