 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Munoz v. City of Pearsall8/22/2001
rejected the argument that the patient's death was caused by the unlocked doors, stating, "The unlocked doors permitted [the patient's] escape but did not cause his death." Id. at 343. The court concluded the patient's death was too distant geographically, temporally, and causally from the open doors for liability to attach. Id.
Such is the case here. At the time Munoz collided with the train, he had crossed through the intersection at least five times. He knew the arms and signals were not functioning properly, that the arms were physically removed from the crossing, and that the police officer who had been directing traffic over the tracks had left the site. We hold the connection between the city's act of removing the eastbound arm, assuming it did, and its abandonment of the site, was too attenuated to Munoz's accident to constitute legal cause. As in Bossley, the city's acts, at most, did no more than furnish the condition making Munoz's injury possible.
We overrule all points of error.
We affirm the summary judgment.
Catherine Stone, Justice
DO NOT PUBLISH
|