Proximate cause of injury in Officer Ruthless's forced vehicle departure

Proximate Negligance

You Decide: The Law

Who is to blame?

Factual Summary

Suzy Marks and her friends Jerry and Kate were ordered to leave Elsewhere City Park at the 11pm curfew time by Officer Ruthless. Suzy told the Officer she wanted to wait for her friend Orson, who was supposed to pick her up at 11pm or said she would walk the short distance home. Officer Ruthless ordered her into Jerry's vehicle and said she should leave immediately. Jerry made several stops on the way home and got into an accident, causing Suzy to be injured

Was Officer Ruthless' action the proximate cause of Suzy's injuries?

Restate or summarize the question. What is the legal question you are going to answer?

Was Officer Ruthless negligent?

Analysis/conclusion

Office Ruthless acted in a manner that was unwise, forcing Suzy to go home with a driver who may have not been 'safe' in a vehicle without a seatbelt. The Officer justified his actions by stating he did not have the time to wait for Orson to arrive and in his judgment it was safer for Suzy to go with her friends than walk. But he did not ask Suzy why she felt safer riding with another driver or walking, versus driving with Jerry. His justification that he had other duties does not excuse the fact that he did not take adequate measures to ensure Suzy's ride was safe. While it is true that Jerry did not need to ride around for a half hour after leaving the park, this only supports Suzy's original contention that she was safer waiting for her friend or walking home.