Marty and Sarah are fighting. Sarah shoots a gun at Marty and the bullet grazes Marty’s arm. Marty runs out of the house and into the street. Barry is driving down the street 20 mph over the speed limit. Unable to see Marty on the dimly lit road, Barry hits Marty and Marty dies instantly. What is the cause-in-fact in this scenario? What is the proximate cause of Marty’s death? Is the intervening act coincidental or responsive? Who would you hold liable for Marty’s death?
What will be an ideal response?
The cause in fact is Sarah shooting at Marty. “But for” her act, Marty would not have run out of the house and into the street. The proximate cause/intervening cause is Barry hitting Marty with his car, which is coincidental intervening act. Liability would rest on whether the student argues that a car going 20 mph over the speed limit on a dimly lit road is foreseeable or not. If a student argues that it is foreseeable, then Sarah would be liable. If it is not foreseeable, then Sarah is not liable.
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