Smith v. Commercial Transportation, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• one who is negligent in obstructing a roadway is not relieved of liability by the negligence of a motorist encountering the obstruction
• foreseeability was fact question where accident occurred five or six hours after and two miles away from the defendant’s negligent act
• evidence that truck was hauling an exempt product on the day of the accident is insufficient to show that it is used exclusively for that purpose
• evidence that truck was hauling an exempt product on the day of the accident was insufficient to show that it was used exclusively for that purpose
• “[A]s a general matter, it would be difficult to state that the possibility of subsequent collisions following an initial accident blocking the road is absolutely not foreseeable.”
• “[A]s a general matter, it would be difficult to state that the possibility of subsequent collisions following an initial accident blocking the road is absolutely not foreseeable.”

Source: CourtListener parenthetical corpus (CC0).