Kush v. City of New York, 76 N.Y.2d 831 (1990)
An intervening act will be deemed a superseding cause and relieve a defendant of liability if the act is of such an extraordinary nature or so attenuates the defendant’s negligence from the ultimate injury that responsibility for the injury may not be reasonably attributed to the defendant.
Summary
Plaintiff, a construction worker, was injured after jumping from a stalled elevator. The New York Court of Appeals reversed the Appellate Division order, granting summary judgment to the defendants. The Court held that the plaintiff’s act of jumping out of the stalled elevator was not foreseeable in the normal course of events resulting from the defendants’ alleged negligence, thereby constituting a superseding cause that relieved the defendants of liability. The court emphasized that the plaintiff, an experienced worker, was not in imminent danger and was aware that assistance had been requested.
Facts
Shortly after 7:30 a.m., the plaintiff, a carpenter, entered a freight elevator with 25-30 other construction workers. The elevator stalled six feet above the lobby floor. The elevator operator immediately called for assistance. The elevator remained lit, motionless, and quiet. After 10-15 minutes, two workers manually opened the elevator doors and jumped to the lobby floor. Subsequently, the plaintiff jumped, landing on his heels and claiming injury.
Procedural History
The plaintiff brought a negligence and Labor Law action against the property’s lessee, general contractor, the contractor that hired plaintiff’s company, and the elevator manufacturer. The Supreme Court dismissed Labor Law claims but did not dismiss the negligence claims, finding the plaintiff’s conduct was not a superseding cause. The Appellate Division dismissed the Labor Law § 240(1) claim but affirmed the lower court regarding negligence claims. Two dissenting judges argued the jump was a superseding cause. The Appellate Division granted leave to appeal to the Court of Appeals.
Issue(s)
Whether the plaintiff’s act of jumping from a stalled elevator six feet above the lobby floor constitutes a superseding cause that relieves the defendants of liability for the plaintiff’s injuries.
Holding
Yes, because the plaintiff’s act of jumping was not a foreseeable consequence of the defendants’ alleged negligence under the circumstances.
Court’s Reasoning
The Court of Appeals reasoned that the plaintiff’s jump was not foreseeable given the circumstances. The plaintiff was an experienced worker, not in immediate danger, and aware that help had been summoned. The court distinguished this case from Humbach v. Goldstein, where passengers were trapped in a stalled elevator and unable to get assistance, creating an emergency situation. The Court emphasized that the elevator was lit, quiet and had come to a smooth stop. The fact that other workers had previously jumped without injury did not make the plaintiff’s conduct more foreseeable or less risky. “As a matter of law, plaintiff’s act of jumping out of a stalled elevator six feet above the lobby floor after the elevator’s doors had been opened manually was not foreseeable in the normal course of events resulting from defendants’ alleged negligence.” Therefore, the plaintiff’s jump superseded the defendants’ conduct and terminated their liability for his injuries. The court reiterated the principle established in Jackson v Greene, 201 NY 76, 79 and Boltax v Joy Day Camp, 67 NY2d 617 regarding superseding causes.