LAW 604C Lecture Notes - Lecture 17: Summary Judgment
Document Summary
Plai(cid:374)tiff"s (cid:272)hild is killed i(cid:374) (cid:272)ar (cid:272)rash. Defe(cid:374)da(cid:374)t a(cid:374)d a third party (cid:272)aused the crash. Defendant caused traffic to stop and third party collided with plaintiff. Defendant was apportioned 22% of fault and third party with 78%. Defendant argues that since third party was intoxicated, third party would have collided with plaintiff anyways. Intoxication evidence is irrelevant to causation but relevant to apportionment. Liability for negligence attaches o(cid:374)ly whe(cid:374) fa(cid:272)tual (cid:272)ause li(cid:374)ks the defe(cid:374)da(cid:374)t"s (cid:374)eglige(cid:374)(cid:272)e to the plai(cid:374)tiff"s i(cid:374)jury. Defendant and another party were hunting with plaintiff. Defendants both fire at a quail in the direction of plaintiff. One shot enters plaintiffs eye and causes damage. Where two tortfeasors act in concert, they are held as joint tortfeasors both liable for the same damages to plaintiff. Plaintiff is in an accident from an event out of her control. Plaintiff is sent to hospital with visible lacerations to face and is given a neurological assessment and a ct scan.
