Cross-8e: Case Problem with Sample Answer
Chapter 12: Torts and Cyber Torts
12–6. Case Problem with Sample Answer: Negligence and Multiparty Liability.
Alice Banks was injured when a chair she was sittingon at an Elks club collapsed. As a result of herinjury, Dr. Robert Boyce performed the surgery onher back, fusing certain vertebrae. However, Boycefused the wrong vertebrae and then had to perform a secondsurgery to correct the error. Then, during rehabilitation at anursing home, Banks developed a serious staph infection thatrequired additional surgeries and extensive care and treatment.She sued the Elks club and Boyce for negligence. TheElks club and Boyce filed motions against each other and alsosued the nursing home. After complicated holdings by lowercourts, the Tennessee Supreme Court reviewed the matter. Didthe Elks club have primary liability for all of the injuries sufferedby Banks after the initial accident, or did each defendantalone contribute to Banks’s injuries? Explain. [Banks v. Elks Club Pride of Tennessee, 301 S.W.3d 214 (Sup.Ct.Tenn. 2010)]
Sample Answer:
The Tennessee high court clarified the law that applied to such instances. “The principles governing liability for successive injuries are settled. They recognize that there are circumstances in which an earlier tortfeasor may be held liable not only for the injury caused by its own negligent conduct but also for later injury caused by the negligent conduct of another tortfeasor. Liability in these circumstances arises when the subsequent negligent conduct is a foreseeable or natural consequence of the original tortfeasor’s negligence.” That is, had Banks’ injuries been accidentally worsened by parties who tried to assist her immediately after the chair collapsed, the Elks Club could be liable for those successive injuries. Claim Banks may have against Dr. Boyce would not fall under this rule, as the claims against him did not arise from immediate efforts to provide aid but to surgery performed later. Independent negligent acts, as alleged here, will be separate actions by Banks against the Elks Lodge, Dr. Boyce, and the nursing home. Negligence claims against each may stand alone. The alleged tortfeasors were not acting in concert with each other, there were distinct incidents involving each party.