LAW 604C Lecture Notes - Lecture 20: Wwe Network, Federal Reporter
Document Summary
Plaintiff was told to set up a kiln of liquid enamel that was 400 deg. A single wooden horse and a single flagman. A third party driver had a seizure and crashed into the kiln which poured over plaintiff. Plaintiff sues that defendant was negligent in failing to safeguard the worksite. Standard procedure is to use a piece of heavy equipment or pile of dirt to protect workmen from a vehicle entering the worksite. Defendant argues the negligence of the driver supersedes any negligence on the part of defendant. A finder of fact could have concluded that the foreseeable result of failing to safeguard the worksite would result in the harm caused. A(cid:374) i(cid:374)terve(cid:374)i(cid:374)g act (cid:373)ay (cid:374)ot serve as a supersedi(cid:374)g cause, a(cid:374)d relieve a(cid:374) actor of responsibility, where the risk of the intervening act occurring is the very same risk which renders the actor negligent. Ventricelli v. kinney system rent a car, inc.
