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Kevin was struck by a speeding taxi as he crossed the street. The taxi was driving the wrong way down a one-way street and did not stop after the...

Kevin was struck by a speeding taxi as he crossed the street. The taxi was driving the wrong way down a one-way street and did not stop after the accident. An eyewitness thought that the taxi was blue. Kevin has sued the Blue Cab Company for his medical expenses.

Snook has only 2 taxi companies: Blue Cab and Green Cab. Green Cab is the dominant firm with 82% of all taxis registered in the greater Snook area. No "counterfeit" taxis have ever been seen in Snook. Drivers are employees of the taxi companies and the parties have stipulated that Blue Cab Company would be liable for injuries suffered in such an accident if the taxi in question could be identified as one of theirs. At the trial, the eyewitness' testimony was strengthened with evidence regarding the ability of the eyewitness to make correct color identification at night. According to the evidence presented, the eyewitness was always reliable in distinguishing taxis from private automobiles and trucks, and was 78% reliable in identifying the color of taxis. In other words, he was able to identify the correct color of taxis 78% of the time, under conditions approximating those of the night of the accident. (This means that if it was really Green, then the eyewitness would say it was Green with probability 0.78, and would say Blue with probability 0.22. Similarly, if the taxi color was really Blue, then the eyewitness would say it was Blue with probability 0.78, and would say Green with probability 0.22.

1. If you were the judge, what would you decide and why?

2. Would you require any additional information to make the decision?

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