[Rhodes22-list] Proximate Cause -

[Wally Buck]

Bill, Nice dodge. No I am not joining the legal argument of who gets to sue 
whom. Seems to me you are changing what you said in previous post. You made 
no mention of Proximate cause. I can't debate a moving target. Re-read your 
post.

We had a nice sail yesterday and enjoyed a beautiful full moon rise. Winds 
could have been better but the power boat traffic is already dropping.

Fair Winds,

Wally

>From: Bill Effros <bill at effros.com>
>Reply-To: The Rhodes 22 mail list <rhodes22-list at rhodes22.org>
>To: The Rhodes 22 mail list <rhodes22-list at rhodes22.org>
>Subject: [Rhodes22-list] Proximate Cause
>Date: Sun, 18 Sep 2005 09:34:20 -0400
>
>Wally,
>
>You have joined the fascinating legal argument regarding "proximate cause". 
>  Who gets to sue who about what.  How far back can you look to say what 
>caused an injury.  We will be hearing a lot about it.  The insurance 
>companies will say the Federal Government didn't build the levees well 
>enough, and people whose homes were flooded are not entitled to hurricane 
>damage compensation because the hurricane did not cause the damage.  The 
>Federal Government will say the hurricane was the proximate cause of the 
>damage, and the insurance companies should pay.  The fact that the Federal 
>Government didn't even know their levees had been breached after the 
>hurricane will weaken the Federal Case.
>
>Somebody will pay.  Who do you think it should or will be?
>
>The same issues were hashed out regarding proximate cause with regard to 
>the World Trade Center.
>
>Interestingly, one of the famous proximate cause precedents involves boats:
>
>"In the two famous /Kinsman Transit/ cases from the 2nd Circuit (exercising 
>admiralty 
><http://www.answers.com/main/ntquery?method=4&dsid=2222&dekey=Admiralty&gwp=8&curtab=2222_1> 
>jurisdiction over a New York incident), it was clear that mooring a boat 
>improperly could lead to the risk of a boat drifting away and crashing into 
>another boat, and that both boats could crash into a bridge, which 
>collapsed and blocked the river, and in turn, the wreckage could flood the 
>land adjacent to the river, as well as prevent any traffic from traversing 
>the river until it had been cleared. But under proximate cause, the 
>property owners adjacent to the river could sue (/Kinsman I/), but not the 
>owners of the boats or the cargoes which could not move until the river was 
>reopened (/Kinsman II/)."
>
>So how would you call it?
>
>Bill Effros
>
>Wally Buck wrote:
>
>>>The Hurricane did not breach the levee in New Orleans, and the airplanes 
>>>hitting the World Trade Center did not cause the towers to collapse.
>>
>>
>>Bill,
>>
>>OK, if you say so .....
>>
>>
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