- 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.
Class: Tort Law.
Topic: Lapse of Time, Substantial Factor
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