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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 .
- Fall '11