Negligence Teleseminar, Substantial Factor, Intervening, and Superseding Causes

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7. Palca was driving her white Mercedes on Route 128 near Boston and passing under a viaduct when Dan Trailer's 18-wheeler struck her from behind with a force sufficient to throw her through the windshield. At that same moment, Delbert, a rigger, accidentally dropped a concrete block off the bridge above the viaduct, and it struck the back of Palca's car with a force sufficient to throw her through the

windshield. Palca was severely injured. In the lawsuits that Palca subsequently brings, which of the following arguments will the court permit Palca's attorney to make to a jury?

a) Dan did not cause Palca's injury because Delbert dropped a concrete block, which fell onto her car with a force sufficient to cause her injury.

b) Delbert did not cause Palca's injury because Dan's truck hit her with a force sufficient to cause her injury.

c) Neither Dan nor Delbert caused Palca's injury.

d) Both Dan and Delbert caused Palca's injury.

8. Pinker was riding his bicycle in a reasonable manner along the West Drive in Central Park when he was struck by another bicycle negligently operated by Dingbat, and the force threw him to the ground, shattering his right shoulder. While he was lying on the bicycle path, another bicycle, negligently operated by Digger, hit him again, breaking his left elbow. In an action by Pinker against Dingbat, will Dingbat be liable for the injury to Pinker's left elbow?

a) Yes, if it was foreseeable that someone lying in the bicycle path would be struck by a second cyclist.

b) Yes, because Digger's negligence was responsible for the injury to Pinker's left elbow.

c) No, because Digger had to take the plaintiff as he found him.

d) No, if Pinker's left elbow would not have been broken but for Digger's negligence.

9. Daniela agreed to take her young niece Jennifer to the doctor for her annual check-up. On the way, Daniela ran into her old school friend Francine, and the two got into a heated argument. Jennifer tried to cross the street by herself. In which of the following circumstances will Daniela be liable for negligence?

a) Jennifer was six years old, and she was struck by a car.

b) Jennifer was six years old, and as she was standing at the curb, she was struck by a sign that fell off a building and was blown by the wind.

c) Jennifer was fourteen years old, and as she was crossing the street listening to a message on her cellphone, she was struck by a car.

d) Jennifer was fourteen years old, and as she was standing at the curb, she was kidnapped.