Essay Flashcards

Andres owns a bakery. He directs his employee Liza to move a heavy display stand using a cart with a broken wheel. The cart collides with a glass display case, causing the glass to fall onto shopper Maria, injuring her. The immediate cause of Maria's injury is the falling glass; the proximate cause is Andres's long-standing neglect to repair or remove a known dangerous condition (the broken cart wheel and cluttered display area), which foreseeably caused the collision. (a) Identify the controlling doctrine of proximate cause as distinguished from immediate cause. (b) In this fact pattern, distinguish which is the proximate cause and which is the immediate cause, and explain why. (c) If Maria sues Andres and Liza for damages, discuss liability of Andres for Liza's acts within the scope of employment and how proximate cause affects liability.