Friday, October 29, 2004
John Kerry killed my Torts teacher!
Dean Pahtlett is riding 'is bike as a young lahd in his native Austrahlia. For a bit 'o' fun, he grahbs onto the bumper of a passing truck. Now, he is cleahrly contributoraly negligent in his actions as regards the truck. If the truck were to suddenly stop, and he fell under it and was squahshed, he would have no recovery because of his own negligence.
But if there was a hunter in the field, by the nahme of John Kerry, and, being a bad shot, he hit Pahtlett while he was holding the truck, Kerry could not claim no liability because Pahtlett was negligent. Pahtlett's negligence must be a proximate cause of his injury in order for defendant to claim the defense of contributory negligence. Pahtlett's juvenile behavior is not related to John Kerry's errant shot, therefore Kerry is liable. =D
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