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Cusson v. Beauregard3/5/1999
th equipping a car against possible collisions. There is no legal duty to lessen the force of a collision by operation of a car where there is not responsibility for avoiding it." Martin v. Hodsdon, 93 N.H. 66, 70, 35 A.2d 402, 404 (1943); see also 8 R. McNamara, New Hampshire Practice, Personal Injury § 134, at 184 (2d ed. 1996) ("one is not liable even for the aggravation of an accident unless one is the cause of it"). Even assuming the defendant had a duty to keep a proper lookout, our review of the record reveals that the plaintiffs conceded in their opening statement that "it really wasn't the driving of Mr. Cusson or Mr. Beauregard that caused the injuries in this case."
In most cases, the defendant's breach of duty is causally related to both the underlying accident and the resulting injury . In this case, however, even assuming the defendant's snow plow attachments caused enhanced injuries, the defendant did not breach any duty by proceeding through the green light with an affixed snow plow attachment. To be negligent, the defendant's breach of duty must be related to the cause of the underlying accident and resulting damage. See Martin, 93 N.H. at 70, 35 A.2d at 404.
As the plaintiffs conceded, Mr. Cusson proceeded through a red light while the defendant had a green light. Cf. RSA 265:10, III (1993) (" ehicular traffic facing a steady circular red signal alone shall stop"). Traffic rules controlling rights of way through intersections are designed to prevent accidents by regulating the flow of traffic. See E. Fisher & R. Reeder, Vehicle Traffic Law 17-18 (1974). After passing through a red light, the plaintiff was injured by colliding with the defendant's truck, precisely the type of accident traffic controls are designed to avoid. Id. " ne should not be relieved from responsibility for injuries resulting from his negligence where such negligence consists of the violation of a statute or ordinance designed to promote safety." 57A Am. Jur. 2d Negligence § 666, at 616 (1989).
Further, we note that the plaintiffs' claim for damages is under an enhanced injuries theory arising from the defendant's use of the snow plow attachments. This theory may be applicable in a products liability action against a manufacturer, see, e.g., Masterman v. Veldman's Equipment, Inc., 530 N.E.2d 312, 314 (Ind. Ct. App. 1988); Valk Manufacturing v. Rangaswamy, 537 A.2d 622, 628-29 (Md. Ct. Spec. App. 1988), but it has not been recognized for claims against consumers of products such as the defendant in this case, see generally 63A Am. Jur. 2d Products Liability §§ 1020-1039 (1997) (provisions regarding enhanced injury claims in products liability actions).
The plaintiffs' opening statement failed to establish a prima facie case of negligence sufficient to survive a motion for non-suit. See Witte v. Desmarais, 136 N.H. 178, 182, 614 A.2d 116, 117 (1992).
Affirmed.
BRODERICK, J., did not sit; the others concurred.
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