That’s So Unforeseeable: Abstract Foreseeability Not Enough to Hold Drivers Liable in Negligence Cases

The Opinion from Pasho seems to be a narrowly tailored ruling which may only be limited to trunk line highways. The general proposition is that legal causation will not be imputed to an operator of a motor vehicle who is in full control on a right of way road when confronted with a sudden hazard caused by another driver. It follows that this argument could be applied more broadly to reasonable, prudent drivers on other types of roads as well. However, it should be noted that the commercial nature of a trunk line highway was a factor in this decision as well. Expecting drivers on a commercial road to constantly foresee reckless drivers at every single intersection could hinder the commercial benefits from this trunk line road.

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