This section contains the nature of the case and procedural background.

P hit a pothole while driving her car. It cost her two tires and killed the engine. P turned on her hazards and somehow got her car to the side of the road. A police officer pulled over. He left the cruiser's flashing lights. A tow-truck driver also showed up, parked his truck in front of P's car, activated the truck's flashing lights, pointed a spotlight on the work area, and put out cones to caution drivers passing by. As the truck driver lowered the truck's platform, P got back into the car when Carlos Estrada closed in, speeding in a car registered to D His headlights were off. He had a blood-alcohol level nearly double the legal limit and smashed the car right into the rear of P's car. P was covered in blood, had no vital signs - 'she appeared to be dead.' P survived and sued D in district court under diversity jurisdiction, see 28 U.S.C. § 1332, alleging negligence and negligent entrustment. P got the verdict and D appealed.

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