a butcher was driving home from work along a country road in the evening after working a double shift. the road had many potholes and ruts, and after bumping through an especially deep hole, he heard a loud clank. he pulled over to inspect his wheels and found that a hubcap had come loose. he kicked the hubcap to snap it back into place and then got back into his car and proceeded on his way home. a couple minutes later, an elk darted out in front of his car. slamming the brakes to avoid the elk, his hubcap flew off and hit another car traveling behind him. the driver of the trailing car sued the butcher for the damage to his vehicle. if the butcher claims that he is not at fault, is he correct?