Is Smith negligent?

Smith drives along the Road when his nose starts to run. He reaches over to the floor of the passenger’s seat for a Kleenex tissue, and his car crosses over the centerline of Fordham Road and into the path of a gasoline truck. The truck driver swerves to the right to avoid a collision, hits a wall, and springs a leak. Gasoline pours out of the truck, onto Fordham Road, and into the sewer system, which triggers a $1,000,000.00 million environmental cleanup by City officials. The City sues Smith to recover its costs.

Is Smith negligent? Explain your answer.

Do you agree with the author’s argument? 

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