Torts I, Pages 339–343

Yun v. Ford Motor Co.

Superior Court of New Jersey, Appellate Division, 1994

Facts:

Plaintiff was driving down the road when her spare tire fell off. She stopped and her dad ran across the road to get it when he was struck by a car.

Procedural History:

Trial court granted summary judgment to defendants.

Issue:

Was the spare tire being welded improperly the proximate cause of plaintiff's father's death.

Defendant's Argument:

Defendants' negligence was not the proximate cause of plaintiff's father's death.

Rule:

The conduct leading to a harm must be a reasonably foreseeable result of a defendant's actions for him to proximately liable for an injury caused by the resulting conduct.

Reasoning:

It was not reasonably foreseeable that plaintiff's father would run across the road if the tire fell off, so something caused thereby could not be proximately caused.

Holding:

No, the spare tire being attached improperly was not the proximate cause of plaintiff's father's death. Affirmed.

Dissenting Opinion:

The judgment in favor of the manufacturer and mechanic should be affirmed, but not against the other defendants. Proximate cause should usually be determined by the jury, and it would be possible that a reasonable person could find defendant's actions were the proximate cause of plaintiff's father's death.

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