State v. Frahm

MADSEN, J. (dissenting)

¶26 This is a vehicular homicide case-a criminal case, not a tort case. The majority holds that defendant's actions of hitting a car on the freeway and fleeing the accident scene without stopping, thereby leaving the struck disabled car on the freeway, proximately caused the death of a passerby who subsequently stopped to render aid and later died from injuries sustained in a second automobile collision at the scene. I disagree with the majority's conclusion that "as a matter of law" defendant's acts were the "legal cause" of the passerby's death. Majority at 602. For…