I was asked to research and prepare a memorandum of law on whether Little Lucky, a minor can bring a multiple cause suit against the Jackson brothers for wrongful death, negligent infliction of mental distress and intentional infliction of mental distress?
Facts
On Friday night around 11 p.m., Bo, Ro, and Kno Jackson robbed the Wild Wings. As they were leaving the owner Burt Lucky came through the door trying to stop the robbery. The Jackson brothers ran passed Burt to get to the exit, they struggled with him, pushed him down and as Burt fell backwards he hits his head and died instantly from the injuries. Burt’s wife, Nola Lucky, who has bad heart, walked in with her twelve-year-old daughter Little Lucky during the incident. Due to shock of witnessing her husband’s death, Nola to suffered from a heart attack and dies. The police later captured the Jackson brothers with the written account of the crime.
Questions Presented
1. Did wrongful death occur when the Jackson brothers pushed Burt Lucky causing him to fall and injury his head that led to his death and when Nola Lucky who suffered from a heart attack after witnessing …show more content…
A proximate cause of event must is a natural sequence, unbroken by any new cause which without if that event would not have occurred. Rider 171 N.Y. at 138. In Nola’s case, the proximate cause of her death was her witnessing the death of her husband which resulted from the wrongful action of the Jackson brothers. However, the sequence of event is broken by Nola’s bad heart that resulted into a heart attack, which is the ultimate cause of her death. Therefore, the Jackson brother’s wrongful act that lead to Burt’s death may not be a proximate cause of Nola’s death because it is an unforeseeable occurrence of events and relieving them from the wrongful death of Nola
Facts
On Friday night around 11 p.m., Bo, Ro, and Kno Jackson robbed the Wild Wings. As they were leaving the owner Burt Lucky came through the door trying to stop the robbery. The Jackson brothers ran passed Burt to get to the exit, they struggled with him, pushed him down and as Burt fell backwards he hits his head and died instantly from the injuries. Burt’s wife, Nola Lucky, who has bad heart, walked in with her twelve-year-old daughter Little Lucky during the incident. Due to shock of witnessing her husband’s death, Nola to suffered from a heart attack and dies. The police later captured the Jackson brothers with the written account of the crime.
Questions Presented
1. Did wrongful death occur when the Jackson brothers pushed Burt Lucky causing him to fall and injury his head that led to his death and when Nola Lucky who suffered from a heart attack after witnessing …show more content…
A proximate cause of event must is a natural sequence, unbroken by any new cause which without if that event would not have occurred. Rider 171 N.Y. at 138. In Nola’s case, the proximate cause of her death was her witnessing the death of her husband which resulted from the wrongful action of the Jackson brothers. However, the sequence of event is broken by Nola’s bad heart that resulted into a heart attack, which is the ultimate cause of her death. Therefore, the Jackson brother’s wrongful act that lead to Burt’s death may not be a proximate cause of Nola’s death because it is an unforeseeable occurrence of events and relieving them from the wrongful death of Nola