Tuesday, October 25, 2011

Taylor v. Jackson case brief (Tort Law)



  • 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?
Yes, the court here erred in granting summary judgement.

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.
-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

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