Through D's negligence, a tank full of gasoline was derailed and the gasoline spilled into the street.
Duerr lit a match which ignited the gasoline and injured P.
Duerr testified that he lit the match to light a cigar. Other witnesses testified that he lit the match to cause the explosion.
Procedural History:
Trial court found for D.
KY COA reversed, remanded for new trial.
Issues:
Are third-party criminal acts intervening acts or superseding acts?
Holding/Rule:
Third-party criminal acts are usually superseding acts unless the criminal activity should have been foreseen by D.
Reasoning:
Parties should not be held liable for criminal acts of others if they could not or should not have anticipated it.
Dissent:
None.
Notes:
Ds are liable for third-party crimes when…
D is under a duty to protect P against criminal misconduct and fails to do so.
D's affirmative act destroys or defeats a protection that P has placed around himself or property to guard them against crime.
D brings into association with P a person whom he knows or should know to be peculiarly likely to commit crime, under circumstances creating a recognizable unreasonable risk that he will do so.
D has taken custody of a person of dangerous criminal tendencies and fails to restrain him.
