Legal Opinion · Dissent

Bradley Baumann v. Vladimir Zhukov

Court of Appeals for the Eighth Circuit

Decided October 1, 2015No. 14-2981Published

1DissentBye, Circuit Judge

I believe the district court improperly granted summary judgment because a reasonable juror could find Slezak’s negligence was foreseeable by Zhukov and Johnson. Therefore, I respectfully dissent.

In secondary-accident cases, the issue is typically whether the negligent act that caused the second accident was so extraordinary it'was not foreseeable to the first negligent driver. See Blood v. VH-1 Music First, 668 F.3d 543, 548 (7th Cir.2012) (finding the second driver’s negligence was *957“extraordinary” when he crashed into stopped traffic at nearly fifty-five miles-per-hour in clear weather…

2Cases cited7 opinions

  1. Aw v. Lancaster County School Dist. 0001Nebraska Supreme Court · 2010
  2. David Blood v. Vh-1 Music FirstCourt of Appeals for the Seventh Circuit · 2012
  3. Smith v. Commercial Transportation, Inc.Court of Appeals of Georgia · 1996
  4. Dee v. JohnsonCourt of Appeals of Utah · 2012
  5. Heatherly v. AlexanderCourt of Appeals for the Eighth Circuit · 2005

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API