Advertising Disclosure Email Disclosure

Taxi company's failure to respond to intoxicated individual's request for service was not the proximate cause of individual's subsequent death while walking home.

January 1, 2011
Polukard v. 1160 Inc. and Quick Service Taxi Co., Inc. v. Kaplowitz, PICS Case No. 10-1737 (Ct. Comm. Pl. Lehigh Co April 9, 2010) (Ford, J.)

In this case, two men were killed when struck by a motor vehicle while crossing a street. This is an appeal from a grant of summary judgment in favor of Quick Service on the issue of causation. The plaintiffs failed to show the necessary causal connection between Quick Services's alleged breaches of various duties and the deaths of the brothers. The decedent called Quick Service to request a taxi to drive the decedents home but did not give the address since it was not known to him and the Quick Service dispatcher said he would not send a taxi until he had a destination address. The decedents eventually decided to walk home, during which they were struck and killed by a motor vehicle. The court affirmed its decision that Quick Services's failure to provide a taxi in response to the decedent's call was not a legal cause of these deaths. The plaintiffs failed to show that the taxi's failure to arrive was the proximate cause of the deaths. The test for proximate causation is whether the defendant's acts or omissions were a substantial factor in bringing about the plaintiff's harm. Liability is contingent upon the probability or forseeability of the resulting injury, not merely the possibility that it could occur. Here, Quick Services's actions were too remote and attenuated from the accident and it would, therefore, be wrong to attribute legal responsibility to Quick Service for these deaths.

Case Law Alert - 1st Qtr 2011

Affiliated Attorney

Practice Areas

Before you send this email please note:

You are attempting to send email, through a link on our website, to an attorney of Marshall Dennehey Warner Coleman & Goggin or an employee in our firm. Please note that your email may not be treated as confidential and does not create an attorney-client relationship. You should not rely upon the transmission of an email through this website if you are seeking to enter into such a relationship. Until such time as we have agreed to represent you, no information in your email will be treated as confidential. Please contact us directly by telephone at 1.800.220.3308 if it is your intent to seek legal counsel with our firm or convey confidential information.

If it is still your intent to send this email, knowing that it may not be treated as confidential, you may accept our terms of agreement by pressing "OK". If you choose not to accept these terms of agreement you may navigate away from this page by pressing "Cancel."