23 Jul IS THERE CAUSATION LINKING THE NEGLIGENCE OF THE DEFENDANT TO THE FATAL ACCIDENT?
W.L. Brown purchased a new large Chevrolet truck from Days Chevrolet. The truck had been manufacture Show more W.L. Brown purchased a new large Chevrolet truck from Days Chevrolet. The truck had been manufactured by General Motors Corporation. One month later an employee of Browns was operating the truck when it ceased to function in rush-hour traffic on Interstate Highway 75 in the Atlanta suburbs. A defect within the alternator had caused a complete failure of the trucks electrical system. The defect was caused by General Motors negligence in manufacturing the truck. When the alternator failed to operate the truck came to rest in the right-hand lane of two north-bound lanes of freeway traffic. Because of the electrical failure no blinking lights could be used to warn traffic of the danger. The driver however tried to motion traffic around the truck. Some time later when the freeway traffic had returned to normal the large Chevrolet truck was still motionless on the freeway. At approximately 6:00 p.m. a panel truck approached the stalled truck in the right-hand lane of traffic at freeway speed. Immediately behind the panel truck Mr. Davis is driving a Volkswagen fastback was unable to see the stalled truck. At the last moment the driver of the panel truck saw the stalled truck and swerved into another lane to avoid it. Mr. Davis drove his Volkswagen into the stalled truck at freeway speed causing his death. Mr. Daviss wife brought a wrongful death action based on negligence against General Motors. Is there causation linking the negligence of the defendant to the fatal accident? Fully explain your answer. Show less
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