Earlier this month, a state appellate court issued a written opinion in a California car accident case discussing the element of causation. Specifically, the court was tasked with determining if a party responsible for an accident that occurred several years earlier could be held liable for a subsequent accident that was caused in part by the accident victim’s inability to avoid the accident, due to the injuries they sustained in the initial accident years before.
Not surprisingly, the court determined that the plaintiff’s theory of causation was too attenuated to hold the party that was allegedly at fault for the initial accident responsible for the later accident.
The Facts of the Case
In 2005, a man was seriously injured when a tire on the vehicle in which he was riding as a passenger blew out, causing the vehicle to collide with a telephone pole. As a result of the injuries he sustained, the man’s mobility was severely limited, and he was forced to get around by using a motorized scooter.