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Monday, July 11, 2005

Irony: Getting killed by the "No Standing" sign you're standing in front of

For those of you heading to law school (or for those of you in law school, considering law school, or fondly remembering all the alcohol you drank while in law school), I present you with the current ranking contender for future exam questions in torts: the "No Standing" sign homicide.

Scenario: Thug shoots at car, hitting driver, who runs into street sight, that then falls and hits bystander who is thereby killed.

The police are seeking the thug above for murder. I'm no expert on NY criminal law, but this is probably a felony murder case, that is, a case where an accidental death occurred in the commission of a felony.

Torts professors will likely have fun getting their students to channel Cardozo in answering some question regarding the civil liability of the shooter under Palsgraf. My advice, should you be facing a torts exam, would be to email this scenario to Milbarge, wait for him to answer, and then use said answer as the basis for any potential tort question.
Centinel 9:34 AM #


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