A lawsuit was just commenced on behalf of Jane, who was just injured in a car accident. She slowed down dramatically when the wind blew snow across a farm field onto the highway obstructing all vision. Despite being blinded by the snow, she managed to remain in the correct lane. A driver (Bill) going in the opposite direction was also blinded but failed to stay in the correct lane and struck Jane's car head-on. Bill was also injured.
Jane's lawsuit was filed against Bill and the farmer, arguing that the farmer had a duty to erect a snow fence to block the blowing snow.
Your law firm is hired to represent Bill. What ideas do you have about how to defend him? Do you think that the farmer has any liability? Why or why not? What questions would you ask Jane and the farmer at a deposition or in your interrogatories?