PRICE v BLAINE KERN ARTISTA, INC
FACTS
Pl. alleges a caricature mask of George Bush created by Def. that he wore during employment as an entertainer was defective due to absence of a safety harness to support his neck and head under heavy weight. He was injured when a patron pushed him from behind, causing the weight of the mask to strain and injure his neck.
ISSUE
Is the patron’s push that caused the Pl.’s fall an unforeseeable superseding cause (which would absolve Def. from liability)?
RULES
While criminal or tortious third-party conduct typically severs the chain of proximate causation between a Pl. and Def., the chain remains unbroken when the third party’s intervening intentional act is reasonably foreseeable.
APPLICATION
The trier of fact could reasonably find that BKA should have foreseen the possibility or probability of some sort of violent reaction, such as pushing, by intoxicated or politically volatile persons, ignited by the sight of a (caricature) of a (political figure).
CONCLUSION
A genuine issue of material fact remains with respect to the issue of legal and proximate cause of Pl.’s injuries - reverse directed verdict - remand for trial.
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FACTS
Pl. alleges a caricature mask of George Bush created by Def. that he wore during employment as an entertainer was defective due to absence of a safety harness to support his neck and head under heavy weight. He was injured when a patron pushed him from behind, causing the weight of the mask to strain and injure his neck.
ISSUE
Is the patron’s push that caused the Pl.’s fall an unforeseeable superseding cause (which would absolve Def. from liability)?
RULES
While criminal or tortious third-party conduct typically severs the chain of proximate causation between a Pl. and Def., the chain remains unbroken when the third party’s intervening intentional act is reasonably foreseeable.
APPLICATION
The trier of fact could reasonably find that BKA should have foreseen the possibility or probability of some sort of violent reaction, such as pushing, by intoxicated or politically volatile persons, ignited by the sight of a (caricature) of a (political figure).
CONCLUSION
A genuine issue of material fact remains with respect to the issue of legal and proximate cause of Pl.’s injuries - reverse directed verdict - remand for trial.
Support us by:
Checking out our amazing store on Etsy: http://www.bohobuttons.com
While in law school I traveled the world. Puerto Rico. Egypt. Israel. The Netherlands. All over the United States. Costa Rica. Panama... How, you ask? I found ways to make money on the side. One of those ways was hosting my apartment on AirBnB. If you have an extra room, this is a perfect way to make some extra cash.
Since law school, I have traveled to dozens of countries for pleasure with my family. It's not rocket science. You just need to know how to start some side hustles. Another one of my favorite ways to make money is buying and selling stocks and cryptocurrency on Robinhood. Join now and get a free stock through this link: Join Robinhood and Get a Free Stock!
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