CB State v. McFadden - girl Rule If the drag racer had...

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State v. McFadden 320 N.W.2d 608 (1982) Fact: Procedural Facts: Operative Facts: There was a drag race between Mr. McFadden and Mr. Sulgrove. Mr. Sulgrove lost control and swerved into oncoming traffic, where he hit a lawfully operated vehicle killing a 6 year old girl, and himself. McFadden argued that the state did not have sufficient evidence, of causation, factual and legal. But the courts used the proximate cause for causation (instead of direct casual connection), and the facts and legal portions were disputed and was in favor of the state. Issue: Should Mr. McFadden be responsible for both the death of Mr. Sulgrove and the 6 year old
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Unformatted text preview: girl? Rule: If the drag racer had proximate cause link to the death, then manslaughter could be charged. Rational: Drag racing only requires a proximate cause, not a “direct casual connection.” Holding: Yes, Mr. McFadden’s drag racing with Mr. Sulgrove increased both Sulgrove’s speed and recklessness because of the heat of competition with Mr. McFadden. The evidence proved in favor of the state, that McFadden had a proximate cause to the death of Sulgrove and the 6 year old girl. Synthesis: Dissent/Concurrences:...
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