Earlier this month, an appellate court in New York issued a written opinion in a personal injury case that required the court to discuss the foreseeability element of the plaintiff’s claim and determine if the plaintiff’s injuries were a foreseeable result of the defendant’s alleged negligence. Ultimately, in the case, Hain v. Jamison, the court determined that the plaintiff’s injuries were a foreseeable consequence of the defendant’s negligence and allowed the plaintiff’s case to continue toward trial or settlement negotiations.
The plaintiff in the case is the surviving husband of a woman who was struck and killed by a passing car while she was attempting to rescue an escaped calf belonging to the defendant. After his wife’s death, the plaintiff filed a lawsuit against both the driver of the car that struck his wife as well as the farm that owned the calf. Specific to the farm owner, the plaintiff claimed that the defendant’s negligence in allowing the calf to escape and failing to return it to the farm was a proximate cause of his wife’s death.
In a pre-trial motion for summary judgment, the farm owner sought dismissal of the case against him on the basis that any alleged negligence in allowing the calf to escape was too remote a cause of death to establish liability. The trial court disagreed, denying the motion.