Brief Fact Summary. After suffering an epileptic seizure, the driver of a car crashed into the Defendant, Felix Contracting Corp.’s (Defendant), worksite and hit the Plaintiff, Derdiarian (Plaintiff), who was severely burned by liquid enamel as a result.
Synopsis of Rule of Law. Intervening acts of a third person do not automatically sever liability between the plaintiff and the defendant. The liability survives if the intervening act is a normal or foreseeable consequence of the circumstances created by the defendant’s negligence.
Held. The injury to the Plaintiff is a foreseeable consequence of the negligence of the defendant.
Discussion. The Defendant was negligent in not properly protecting the worksite where the Plaintiff was working. It is a naturally foreseeable consequence that a car might enter the worksite and injure a worker. The precise nature of the injury need not be foreseeable. The fact that a car could enter the unprotected worksite is a natural, normal and foreseeable risk created by the Defendant’s failure to protect the site.