Derdiarian v. Felix Contr. Corp

In Derdiarian v. Felix Contr. Corp., 51 NY2d 308, 414 N.E.2d 666, 434 N.Y.S.2d 166 (1980), the Court of Appeals examined whether a superseding cause or other factors intervened to break the nexus between a contractor's negligence and plaintiff's injury. Derdiarian involved a plaintiff who was injured when defendant driver's vehicle crashed into a construction site, spilling hot oil on the plaintiff (id.). Although the evidence demonstrated that the accident occurred because the defendant driver suffered an epileptic seizure causing him to control of the car, the court found that the jury nevertheless could have found that the defendant contractor negligently failed to secure the construction site in a manner sufficient to avoid the accident (Id. at 316). The court further found that "the precise manner of the accident need not be anticipated" and that the defendant contractor was not insulated from liability as a matter of law "where the general risk and character of injuries are foreseeable" because a "prime hazard of such dereliction is the possibility that a driver will negligently enter the work site for whatever reason" (Id. at 316-317). Similarly, "an intervening act may not serve as a superseding cause, and relieve an actor of responsibility, where the risk of the intervening act occurring is the very same risk which renders the actor negligent" (Id. at 316).