Jason v. Angela. Jason has a cause of action against Angela, who by speeding, driving under the influence and running a red light, undoubtedly violated local ordinances and is, therefore, liable under the law of the state where the accident occurred for negligence per se. Angela's main defense is lack of proximate cause. Under the broadly accepted rule of Palsgraf v.
Long Island R.R. Co. (New York Court of Appeals 1928), a person in a public area is responsible --i.e. has a duty toward-- others damaged by his or her negligence when the injury was reasonably foreseeable by the actor (Angela) and within the zone of risk created by her negligence. A jury might or might not decide that the sequence of events involving Jason's dog was reasonably foreseeable by Angela. If the injuries to Jason were reasonably foreseeable, then Angela might be held liable for subsequent worsening of his condition, such as his lung collapse, under the theory that defendants take plaintiffs in the condition in which they are at the time defendants injure them. McCahill v. New York Transp. Co., (New York Court of Appeals 1911). Angela would argue that she should not be responsible for the injuries caused by subsequent physician and hospital negligence, which would be independent intervening causes which broke the chain of proximate causation. Another possible defense is that Jason was contributorily negligent in failing to control his dog.
Jason has a valid civil cause of action for trespass and conversion against the person who robbed him, who would be guilty under state law of grand theft or grand larceny, since the typical upper limit on petty larceny is less than $3,500.
Jason v. Century Hospital and its nurse. The hospital would be liable under the doctrine of respondeat superior for the acts or omissions of its nurse. The hospital may not have had a contractual relationship with Jason, but inasmuch as its emergency room was available to the pub...