addressing the specific questions presented for discussion therein, showing that you have researched the required assignments and studied them, including the following [caselaw] Lynch v. Fisher, 34 So. 2d 513 (La. Ct. App. 1947).pdf. On appeal from the trial court's dismissal of the case in Lynch v. Fisher, Lynch's attorneys argued that even if the driver of the vehicle, "no matter how gross his negligence, could not have contemplated the shooting of a third party as a normal and natural result of such negligence," nonetheless the court of appeal should consider that under the circumstances of the particular case, "the fact that such a driver could not have foreseen the extent of the harm or the manner in which it occurred should not prevent him from being liable." Lynch's attorneys also argued that even if the act of defendant, Gunter, which caused plaintiff's injury, was an independent, intervening cause which broke the causal chain flowing from the original negligence of the driver of the truck, there remained a triable issue of fact, properly alleged by the plaintiffs, as to whether the temporary insanity of the defendant Gunter which led to the shooting was directly and naturally caused by the collision, and therefore it should be reserved to a jury to determine whether the proximate cause of the injury was not, in fact, negligent acts attributable to the defendant Wheless and Fisher Co. The Court of Appeal in the decision above , agreed with these arguments of plaintiff Lynch's attorneys, and reversed the trial court's dismissal of their lawsuit.

the questions presented that you must address

(1) First, state the reasons and grounds why you would concur with or dissent from the Court's opinion in the decision above, namely, Lynch v. Fisher, 34 So. 2d 513 (La. Ct. App. 1947).pdf, and

(2) Then, consider the following question. Suppose, on the trial that ensued, the Wheless and Fisher Co. attorneys tried to prove to the jury that what actually happened was that Mr. Gunter (the shooter) knowing that his wife was hurt pretty badly but (mistakenly) thinking that Mr. Lynch, the man who helped him out of his car was the person who had either blinded him or was the driver of the truck, and that in anger at the injury caused to his wife, Mr. Gunther intentionally shot Mr. Lynch to repay him for what Gunther thought was an injury inflicted upon his wife by defendant Lynch. Suppose further that the jury did not agree with such a theory of the Wheless and Fisher Co. attorneys, so that the Wheless and Fisher Co. appealed again, arguing that the jury could not reasonably have believed otherwise. Should, in that case, the Court of Appeals then agree with Wheless and Fisher, and reverse a jury award to the plaintiff Lynch?

Answer rating: 100% (QA)

1 In Lynch v Fisher the Court of Appeal reversed the trial courts dismissal of the plaintiffs lawsuit agreeing with the arguments presented by Lynchs ... View the full answer