Buckley v. Bell

THOMAS, Chief Justice.

The precise question posed in this case is whether the foreseeability of negligent conduct by a plaintiff occurring subsequent to the negligent acts of a defendant is a question of law or a question of fact. The district court, in a trial to the court, held that the acts of the defendant were not a proximate cause of the damages to the plaintiff finding that the actions of the plaintiff amounted to a new and independent force which caused those damages. In addition the district court found that the particular harm sustained by the plaintiff could not reasonably have been…