Marshall v. Nugent - the jury to decide. Rational: The...

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Marshall v. Nugent 222 F.2d 604 (1955) Fact: Operative Facts: Marshall was a passenger of a car. During wintertime, roads were covered w/ ice and snow, car was going up a hill, and a truck came down, car swerved out of the way. Truck then blocked off oncoming traffic to help push the car back on the road, and another car came down the hill and hit Marshall, because he swerved away from hitting the oil rig truck. Trial court awarded damages, and had Price, the oil truck driver pay 25k. Nothing from Nugent. Price argues that he did not have proximate cause to the injuries, and therefore should not be liable for them. Issue: Whether the court should have allowed the jury to hear whether or not Price was part of the proximate cause of the injury Rule: The court, can make a judgment as a matter of law, whether or not the facts were close enough for
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Unformatted text preview: the jury to decide. Rational: The court held that, even if someone did not foresee the act, does not bar them from being recovered upon. Also, the acts of negligence is for the common man to decide, so it is up to the jury to decide. The court in this case felt it was a close call, and did not err in leaving it issue with the jury. Holding: Broad: A person can still be in proximate cause if they are still taking care of the incident. Narrow: Synthesis: “… to confine liability of a negligent actor of those harmful consequence which result from the operation of the risk, the foreseeability of which rendered the defendant’s conduct negligent.” The foreseeability refers to the risk. “… it is…wise to obtain the judgement of the jury, reflecting as it does the earthy viewpoint of the common man…” Dissent/Concurrences:...
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This note was uploaded on 12/20/2011 for the course TORTS 131 taught by Professor Keller during the Fall '11 term at Western State Colorado University .

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