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Plenary Octane and Petroliam Service (POPS) ran a gas and kerosene delivery service in Arbor City. The trucks regularly left out of their compound around 2 am every morning in order to miss traffic on the roads and also to make their deliveries to retail stations in their service area before 6 am. POPS maintained the state mandatory requirements for signage and safety standards from their truck drivers and their vehicles. Last Friday, one of their trucks ran off the road and struck a series of parked cars. Two of the parked cars sustained collision damage while a third caught on fire after the collision caused some of the gasoline being hauled by the truck to leak out from the first two collisions. The driver upon interview indicated that the vehicle's brakes simply failed to perform. Review of the wrecked truck indicate some wear and tear on the break lines but still within the safety standards of the state. The owners of the three park cars want to sue POPS for the accident. Under what theory could they follow for recovery? Does POPS have any defenses? Who do you think will win and why?
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