Derdiarian v. Felix Contracting Corp.New York Court of Appeals 1980.Facts: James Dickens, one of the Defendants suffered an epileptic seizure and lost consciousness allowing his vehicle to careen into the worksite and struck the plaintiff. When the plaintiff landed, he was splattered with 400 degree boiling liquid enamel. -Plaintiff contended that the defendant Felix had negligently failed to take adequate measures to insure the safety of workers on the excavation site. -Felix argued that there was insufficient evidence for the jury to have found proximate cause between its conduct and the plaintiff’s injuries.Procedural History:Trial court entered a judgment on the jury verdict in favor ofplaintiff.Issues:Were the plaintiff’s injuries a foreseeable result of Felix’s failure to maintain a safe work site?
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New York Court of Appeals,intervening act,foreseeable consequence