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Colonial
Inn Motor Lodge v. Gay
Author: Richard
Facts:
D was backing car up on Ps parking lot when be bumped into
a heating unit; resulted in a severed gas line; gas from the line
collected and there was an explosion that caused extensive
damage and resulted in shutting the hotel down
History:
T.C. gave summary judgment to D; P appealed
Issue:
Whether there is enough evidence on the issue to remand for a
jury to decide if the explosion was a probable consequence
Holding:
Yes, summary judgment reversed, remanded for trial; FOR P
Rationale:
A negligence defendant must take the plaintiff as he finds him,
even if the plaintiffs eggshell skull results
in his suffering an injury that ordinarily would not be
reasonably foreseeable. Here the building may have had an
eggshell skull; that possibility alone does not
foreclose liability for the injury
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