Bunton v. Arizona Pacific Tanklines

Bunton v. Arizona Pacific Tanklines (1983) 141 Cal.App.3d 210, involved a wrong-way driver on a freeway who was "driving at a high rate of speed and in what was described as a suicidal manner" and who caused a cascade of vehicle collisions that resulted in the death of Leslie Bunton. (Id. at p. 219.) The decedent's daughter and husband sued the operator of a tank truck with improperly adjusted brakes. (Id. at p. 218.) The plaintiffs introduced evidence that properly adjusted brakes would have prevented the crash with the decedent's vehicle, and the jury found the defendant to have been negligent. (Ibid.) The defendant appealed, contending the trial court should have instructed that the wrong-way driver's conduct was a superseding cause that cut off the defendant's liability. (Id. at p. 221.) The Bunton court rejected the contention, holding that the wrong-way driver caused a foreseeable "road emergency." (Ibid.) "Whether the hazard will come in the form of a wrong-way driver, a pedestrian, debris on the roadway, or some other typical or atypical form, the fact that one may encounter a hazard on the roadway necessitating use of one's brakes is a foreseeable risk." (Id. at p. 222.) As Bunton notes, "Road emergencies are reasonably foreseeable." (Id. at p. 221.)