1 even though d was driving negligently negligence

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1. Even though D was driving negligently, negligence was not the legal cause of the accident – reasonably jury could find that her negligence was the sole cause of the accident. i. Even if he was going the speed limit, may not be able to avoid her. ii. Ex of where but-for cause doesn’t work – but-for his speeding, he wouldn’t have hit her. But you must have proximate cause. 2. Holding: causation is lacking, so even his negligence cannot result in liability. 3. Alternatives to the But-For Test a. Reasons for Alternatives: 1. Multiple actors – actions of one is not sufficient, but actions of all is the cause. 2. Multiple actors – but plaintiff cannot show who caused it 3. Alternative liability and market share liability would resolve this 4. Medical malpractice – receives special causation b. Multiple Sufficient Causes – if more than one actor was sufficiently interdependent to have caused P’s harm, most courts change rules about who must prove cause. (P proves for both, each D tries to prove its act was not a substantial factor) i. Court must determine whether any particular D subject to liability ii. Court must determine amount of liability that can fairly assign to each D. 2. Kingston v. RR – 2 fires – 1 from D’s RR, 1 unknown. The fires join and destroy P’s property i. Rule: any one of two or more joint wrongdoers whose concurring acts of negligence result in injury are each individually responsible for entire damages resulting from their joint or concurrent acts of negligence . ii. Holding: RR fire as a proximate cause of the P’s damage is enough to affirm judgment that RR is sufficient cause. a. In some jurisdictions, if one party is an “act of God” (lightening, or another cause which can’t be held liable), you can’t hold the other party liable either. iii. Possible defense for RR: a. If huge natural fire merges with RR’s tiny fire, how much liability should it have? 3. Nazareno v. Urie – P collided with drunk patron, he fell on her on the dance floor. She is suing bar owners. i. Causation requirement: if two forces (drunk and owner, who served him) are operating to cause injury, 1 b/c of D’s negligence and 1 not, and each force by itself is sufficient to cause injury, then D’s negligence may be found to be a substantial factor in bringing about harm. ii. The drinks he served increased the probability of the accident. It wouldn’t have 8
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happened but-for serving him additional drinks – he substantially increased the likelihood that it would happen. a. Secret tort law – many Americans have a negative net worth. (however in PA, any joint property is protected from liability) You aren’t suing people, but their insurance companies. In reality, all you’ll collect is the max of the policy. This is why multiple sufficient is “great” – because you can go after whoever has the most money.
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Christopher Reinemann
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