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