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Originally Posted by BAN SUVS
It is mutually exclusive. If the flagger is at fault for improperly sending the car out, how can the driver have ignored his instructions if he wound up on the track? If the flagger didn't send him, how can his instructions have been faulty if the driver ignored them? My point was that those 2 conditions cannot exist simultaneously, showing how frivolous the suit is. They're flinging turds at the wall to see how many stick.
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Hypothetical situation showing non-mutual exclusivity:
Track will be safe in 4 minutes.
Flagger tells the car go in 2 minutes.
Driver decides that the flagger is being too cautious and leaves after 1 minute.
Both the driver and the flagger contributed to the wreck.