Penquist was exiting from a parking garage owned and operated by the city of Durham when he discovered that the exit ramp was blocked by construction barricades and a pile of broken-up concrete. No workers or detour signs were around and Penquist was in a hurry, so he backed up and drove down an entrance ramp that was clearly marked as such. As he came around a corner, his car was broadsided by a pickup truck driven by Totten. Penquist was seriously injured in the collision. A statute in the jurisdiction requires drivers to obey all traffic directional markings in both public and private parking lots and garages. The jurisdiction retains traditional contributory negligence rules and retains governmental immunity for municipalities. If Penquist brings a lawsuit against the city to recover for his injuries, which of the following facts will be least helpful in the city's defense?
A. Penquist was aware that another exit on the other side of the garage was open.
B. The construction workers responsible for blocking off the exit ramp were employees of an independent contractor rather than the city.
C. The city does not collect fees or make a profit in the operation of the garage.
D. Totten could have avoided Penquist but recognized him as an old enemy and deliberately ran into him.
Choose A, B, C or D as your solution.
B