TAYLOR V. JACKSON 643 A.2d 771 (1994) CASE BRIEF

TAYLOR V. JACKSON

643 A.2d 771 (1994)

NATURE OF THE CASE: Taylor (P), passenger and driver of a vehicle that was struck by a truck, appealed a summary judgment in favor of multiple defendants in a negligence action for injuries.

FACTS: Klopp (D) was driving her motor vehicle on Interstate 80 when she either slowed down or stopped on the roadway due to a sudden, heavy rainstorm. Jackson (D) was following her in his tractor-trailer. He jackknifed his vehicle in an attempt to stop so that he would not collide with her vehicle; this incident occurred at mile post number 227.1 of the highway. As a result, the jackknifed vehicle blocked both westbound lanes of the highway. Traffic backed up behind the disabled vehicle. Tractor-trailers, driven by Barrett and Porter, respectively, were the first vehicles to queue behind Jackson's (D) jackknifed tractor-trailer. A few minutes later and for unknown reasons, an electric utility line owned by Pennsylvania Power and Light Company (PPL), which had been strung across Interstate Route 80, sagged or fell. The line came to rest on the ground across the eastbound lanes of traffic and on top of Barrett's and Porter's vehicles in the westbound lanes. A second motor vehicle accident occurred as vehicles were coming to a stop behind Jackson's (D) tractor-trailer. At mile post number 227.6, one-half mile from the initial accident, the tractor-trailer of Watley, struck the rear of a car operated by Shroff. Watley's tractor-trailer jackknifed and came to rest against a guard rail at the north side of the right-hand berm. State Police Trooper Nice arrived to detour traffic at Exit 34 of the highway which was approximately 4.5 miles east of the second accident site. Nice set up flares across the westbound lanes of the highway and remained at the westbound exit ramp directing traffic until approximately 12:30 a.m. The Lindows came to a stop near mile post number 228.1, one half mile from the second accident scene. Lindows' was followed by Franz along with his passenger, P. Questore drove his delivery truck into the rear of the Franz vehicle, propelling it eighty-seven feet. Questore's truck also struck the rear of the Lindows' vehicle. Because of these collisions, P and the Lindows (P) suffered serious injuries. Ps commenced a negligence action against Ds. The trial court granted the motions for summary judgment in that Klopp's (D) negligence was not the proximate cause of Ps' about two hours later. Ps appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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