302 Ga. 364
Ga.2017Background
- Ben Everson was treated in an ER on April 29, 2008 by Dr. Brian Jordan for auditory hallucinations; Jordan diagnosed obsessive-compulsive disorder and discharged him with a referral for outpatient mental-health evaluation.
- The ER scheduled an appointment at a nearby facility for May 1; the Eversons instead arranged an appointment at Duke and began driving from Georgia to Durham, NC.
- While Mr. Everson was driving on May 1, Ben unbuckled, jumped from the moving vehicle, ran onto the interstate, and was struck and killed.
- Ben’s parents sued Jordan for wrongful death; Jordan moved for summary judgment, which the trial court denied.
- The Court of Appeals affirmed, holding that an independent intervening act breaks causation only if it is “wrongful or negligent.” Jordan petitioned for certiorari to the Georgia Supreme Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an intervening act must be "wrongful or negligent" to break the chain of causation | The driving and subsequent actions that led to Ben’s death were not a foreseeable result of Jordan’s conduct; the chain should not be severed unless the intervening act was wrongful or negligent | An intervening act does not need to be wrongful or negligent to break causation; the correct test is foreseeability or whether the intervening act was triggered by the defendant’s conduct | Court reversed the Court of Appeals: intervening acts need not be wrongful/negligent; the relevant test is foreseeability or whether the act was triggered by defendant's conduct |
Key Cases Cited
- Southern R. Co. v. Webb, 116 Ga. 152 (1902) (foreseeability, not a wrongful/negligent label, governs whether an intervening act severs causation)
- Zaldivar v. Prickett, 297 Ga. 589 (2015) (assessing proximate cause via foreseeability and whether intervening act was triggered by defendant)
- Goldstein, Garber & Salama v. J. B., 300 Ga. 840 (2017) (addressed an indisputably wrongful intervening sexual assault; court cautioned against overreading a sentence about wrongful acts)
- Everson v. Phoebe Sumter Medical Ctr., 341 Ga. App. 182 (2017) (Court of Appeals decision affirmed denial of summary judgment and held intervening act must be wrongful or negligent; partially reversed by Georgia Supreme Court)