TAYLOR v. JACKSON
FACTS
Should a two hour period insulate a negligent actor from suit in this matter?
HOLDING
Yes, the court here erred in granting summary judgement.
RULES
Where it is evident that the influence of the actor’s negligence is still a substantial factor, mere lapse of time, no matter how long it is, is not sufficient to prevent it from being the legal cause of the other harm.
Class: Tort Law.
Topic: Lapse of Time, Substantial Factor
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FACTS
- Klopp was driving on the interstate during rain, either stopped or slowed down, causing Def.’s semi to jackknife in an attempt to stop, resulting in a blockage of both lanes.
- Traffic began to accumulate behind. An electric power line sagged/fell for unknown reasons and rested on the ground on the side opposite of the traffic stopping and on top of two semis that stopped behind the first.
- Five minutes later a second accident occurred as vehicles coming to a stop.
- Police arrived, set up flares, and a couple hours later, a string of vehicles was involved in another accident, of which the Pl suffered serious injuries.
Should a two hour period insulate a negligent actor from suit in this matter?
HOLDING
Yes, the court here erred in granting summary judgement.
RULES
Where it is evident that the influence of the actor’s negligence is still a substantial factor, mere lapse of time, no matter how long it is, is not sufficient to prevent it from being the legal cause of the other harm.
ANALYSIS
-The court looks to the factors which contributed to the accident, but also states that two hours have elapsed since the conduct and the injuries.Class: Tort Law.
Topic: Lapse of Time, Substantial Factor
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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