Causality in Lynch Vs. Fisher. Did the original negligence of the driver of the parked truck set in motion a chain of circumstances following consecutively one upon the other which led to plaintiffs injury?

The first 200 words of this essay...

Scott Schauer

7/28/10

Philosophy of Law

Causality in Lynch v. Fisher

Causation presents a very difficult task in some tort claims. Our central concern is to find a balance between the responsibility and fairness of each claim, which sometimes gets obscured by the difficulty in proving causation. Clearly, the case of Lynch v. Fisher represents the Law of Torts, and correspondingly etches out the subtle differences each action has on the outcome of all claims of causality.

In the case of Lynch v. Fisher a truck driver, who is an employee of the defendants, Harry Fisher and Roger Wheless, parked a pulpwood truck on the right-hand side of a main highway. The truck driver then proceeded to leave the area where he had negligently parked the truck. Shortly after, a passenger car, driven by the defendant, Robert Gunter, along with his wife in the passenger seat, violently collided with the parked truck and sent them into disarray. Robert Gunter was also held negligent for operating his car at an unlawful speed and not paying attention to the road. A nearby good Samaritan and also plaintiff of the case, William Lynch, heard the collision