Question about business school and material.

Question on a business law school problem?

• I am having a little bit of trouble answering a question for an assignment. I would appreciate any help. The question is: Sarah invites Fernando to come to lunch. Though she knows that her private road is dangerous to travel, having been guttered by recent rains, Sarah doesn't warn Fernando of the condition, reasonably believing that he will notice the gutters and exercise sufficient care. While Fernando is driving over, his attention is diverted from the road by the screaming of his child, who has been stung by a bee. He fails to notice the condition of the road, hits a gutter, and skids into a tree. If Fernando is not contributorily negligent, is Sarah liable to Fernando? I believe the answer is no, but I am not sure how to support my answer. I appreciate any help. Thank You.

• Answer:

  No, he's responsible for his own driving. Or it's the city's or county's responsibility to make roads safe and passable. But his child causing a distraction is his problem.