Tuesday, October 25, 2011

Tieder v. Little case brief


Pl.’s decedent was struck by an automobile, pinned up against a negligently built brick wall which killed her when it collapsed on her. The automobile was being clutch started by two students, who lost control of it, lurching over a three-inch curb, and across the grass/walkway, and into the decedent.
-The wall was negligently designed and constructed without adequate supports required by the applicable building code.

The Def.’s negligence must be a cause-in-fact of the Pl.’s injuries.
“To constitute proximate cause there must be such a natural, direct and continuous sequence between the negligent act or omission and the Pl.’s injury that it can be reasonably said that but for the negligent act or omission the injury would have occurred.”
-It is not necessary that the Def foresee the exact sequence of events which led to the accident sued upon; it is only necessary that the general type of accident which has occurred was within the scope of the danger created by the Def.’s negligence//it must be shown that the said general-type accident was a reasonably foreseeable consequence of the Def.’s negligence.

-But-for the negligent design and construction of the brick wall which led to its collapse in one piece, then, the decedent would have not died.
-Even though the exact sequence of events leading to the collapse of the wall...may have been entirely unforeseeable, the general type accident which occurred in this case... was entirely within the scope of the danger created by the Def.’s negligence in designing and construction the wall without adequate supports, and was a reasonably foreseeable consequence of such negligence.

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