Tuesday, October 25, 2011

Price v. Blaine Kern Artista, Inc. case brief


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.

Is the patron’s push that caused the Pl.’s fall an unforeseeable superseding cause (which would absolve Def. from liability)?

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.

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).

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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