Hopkins, a Buffalo Bills fan, fell from the upper deck of Ralph Wilson Stadium and injured another spectator last year. Stadium video surveillance revealed that Hopkins slid partway down a railing and climbed back up to his seat several times before
falling backward on his fifth slide. He tumbled 20 to 25 feet and landed on Mark Bratcher, injuring the man's head, neck and back. Hopkins was not seriously hurt. Dr. Loubert Steven Suddaby, Bratcher's neurosurgeon, testified that Bratcher had bulging discs in two places in his cervical spine and a herniated disc in his middle spine. He said if the impact had been only two inches forward, Bratcher could have been killed or left a quadriplegic. Batcher sues Hopkins for negligence. Discuss actual and proximate cause on these facts.
Actual cause in this case involved an injury due to the failure to exercise care/judgment on the part of Hopkins that resulted in a devastating injury. The proximate cause finds that the injuries were foreseeable and preventable by Hopkins when he acted. Any reasonable person would assume that sliding down the railing that high is dangerous to one's self and others around. By falling off of the railing from that height it is obvious that serious injuries would occur should one fall and land on someone below.
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