Pierre v. Allstate Insurance Company

The majority holds that the conduct of the defendant in parking his automobile on the highway was not a cause-in-fact of the collision and resulting death. I am unable to agree with this holding.

A cause-in-fact is a necessary antecedent. Under the circumstances of this case, if the death would not have occurred but for the conduct of the defendant, factual causation is shown.

The evidence reflects that if the automobile had not been parked on the congested highway, the traffic would have continued to move smoothly and undoubtedly no collision would have ensued. Hence, the conduct of the…