Posted by John T on November 29, 2010 at 06:12:45 from (66.244.97.31):
In Reply to: Re: Accident question posted by MarkB_MI on November 29, 2010 at 02:53:36:
Mark, thats right, and ONLY the Jury gets to decide what was "reasonably forseeable", and, if they find such and it was the proximate cause of injuries JUDGMENT FOR PLAINTIFF. (subject to comparative fault and contributory negligence etc) My Torts Professor constantly had us repeat that standard when we studied Negligence. That all needs coupled, however, with laws regarding comparative fault, last clear chance etc etc dependant on jurisdiction. The law of Negligence is pretty well settled (once facts are determined), its just that there are numerous fact finder jury determinations that must first be made and thereafter it the application of appropriate law which is the Court's job. The old joke in law school was that if we found that so called "reasonable man" he would be boring and nobody we cared to have a drink with lol
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