Hain v. Jamison

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Decedent, the wife of Plaintiff, was walking on a rural road when she was struck and killed by a vehicle driven by one of the Jamison defendants. Plaintiff brought this negligence action against the Jamison defendants and Drumm Family Farm, Inc., alleging that, at the time of the collision, Decedent was assisting a calf owned by the Farm that was loose on the roadway. The Farm moved for summary judgment, arguing that its alleged negligence in allowing the calf to escape or failing to retrieve it did not constitute a proximate cause of Decedent’s death. Supreme Court denied the Farm’s motion. The Appellate Division reversed, concluding that the Farm’s negligence merely furnished the occasion for, but did not cause, Decedent to enter the roadway, where she was struck by the Jamison vehicle. The Court of Appeals reversed, holding that the Farm failed to meet its burden of demonstrating the absence of material issues of fact, and proximate cause was a question for the factfinder. View "Hain v. Jamison" on Justia Law