Essay Flashcards

Frank owns a small manufacturing unit. He delegates safety oversight to his supervisor, Elena. Elena directs Manny, a warehouse worker, to move a heavy crate through a narrow aisle using a forklift whose steering is damaged and has a known history of jerking. The warehouse floor is slick from an overlooked oil spill that has not been cleaned. Manny proceeds under Elena's instruction; the forklift suddenly lurches, causing the crate to swing and strike a pedestrian, Nora, standing nearby. The immediate cause of Nora’s injury is the crate striking her; the proximate cause is Frank’s and Elena’s long-standing neglect to repair or remove the defective forklift and to enforce safety cleanup, which foreseeably created hazardous conditions.
(a) Identify the controlling doctrine of proximate cause as distinguished from immediate cause.
(b) In these facts, which is the proximate cause and which is the immediate cause, and why?
(c) If Nora sues Frank and Elena for damages, discuss the liability of Frank and Elena for Manny’s acts within the scope of employment and how proximate cause affects liability.