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Yun v. Ford Motor Co

Law Dictionary

Law Dictionary

Featuring Black's Law Dictionary 2nd Ed.
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Torts Keyed to Prosser

Citation. Yun v. Ford Motor Co., 276 N.J. Super. 142, 647 A.2d 841, 1994 N.J. Super. LEXIS 390, CCH Prod. Liab. Rep. P14,067 (App.Div. Sept. 26, 1994)

Brief Fact Summary. A car struck the plaintiff’s father when he attempted to retrieve a spare tire and support brackets from the highway after they had fallen off.

Synopsis of Rule of Law. An intervening cause, which is an unforeseeable or extraordinary event, breaks the chain of causation.

Facts. The plaintiff was driving her van when the spare tire came loose from its holding and came off of the van. The plaintiff and her father Chang, who was a passenger, stopped the van when they heard the tire come off. Chang got out and crossed the highway to retrieve the tire and other parts of the support bracket. On his way back to the van Chang was hit by a car and killed.

Issue. Whether the decedent’s conduct was reasonably foreseeable or if it was so out of the ordinary that it broke the chain of causation.
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