parking brake while making a delivery

Dewayne, a driver for Speedy Delivery Company, leaves the truck’s motor running in neutral and carelessly forgets to set the parking brake while making a delivery. The truck rolls and crashes into a nearby gas station pump, igniting a fire that spreads quickly to a construction site a block away. A burned wall collapses onto a crane, which falls on Fazio, a bystander, and injures him.

What must Fazio show to recover damages from Speedy Delivery? If you are the attorney for Speedy Delivery what would be your best defense argument?

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