McDermott v. State
Annotate this CaseThe decedent in this case died after being hit on the head by a log and falling backward onto the sidewalk while working for the Department of Transportation (Defendant). Plaintiff, the decedent’s wife, filed this action seeking damages for wrongful death and loss of consortium. The trial court rendered judgment in Plaintiff’s favor. The Appellate Court reversed and remanded to the trial court with direction to render judgment in favor of Defendant, holding (1) the trial court improperly determined that Defendant had assumed a greater duty of care than reflected in industry standards, and (2) Defendant’s actions were not the proximate cause of the death of the decedent. The Supreme Court affirmed in part, reversed in part, and remanded for a new trial, holding (1) the trial court used the wrong standard in its determination of liability and damages, but (2) the Appellate Court erred in its determinations of the conclusiveness of the industry standard, foreseeability, and proximate cause. Therefore, the matter must be returned to the trial court for a new trial in which the proper standard is applied.
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