CAUSE-IN-FACT: BUT-FOR TEST

Question 1

Cay v. State of Louisiana (bridge case)

Answer 1

Plaintiff was walking across bridge while drunk, and railing height was too low for pedestrians, so plaintiff fell off and died–Court held that plaintiff’s death would not have happened BUT-FOR the low railings, so actual causation met (percentage of fault allocated accordingly)

Question 2

Lyons v. Midnight Sun Transportation Services (parking lot case)

Answer 2

Plaintiff’s wife was pulling out of a parking lot and was hit by a truck–Court found defendant’s actions were not actual cause of the accident, but plaintiff’s wife pulled out in front of the truck negligently

Question 3

Aegis Insurance Services v. 7 World Trade Company (World Trade Case)

Answer 3

After 9/11, debris crashed into 7 World Trade building causing it to collapse and destroy electrical substation–Court held that cause was not negligent construction of the building, but events were extraordinary, unforeseeable, and construction would not have mattered