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: Legal Blog Watch

D.C. Circuit Has Fun With Freud and Solon

By Eric Lipman

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Over at the Volokh Conspiracy, Jonathan Adler pointed to an opinion issued by the U.S. Court of Appeals for the D.C. Circuit yesterday, in which the court refreshingly found a way to weave some whimsy into an otherwise not particularly funny incident. The case, Sigmund v. Starwood Urban Retail VI, LLC, represents a gentleman's attempt to collect some cash on a negligence theory as a result of his being in the wrong place at the wrong time. The wrong place being an SUV, the wrong time being when the bomb rigged by his half brother in an attempt to kill their father happened to go boom. The plaintiff, who sustained some serious injuries, sued the owners of the garage where the car was parked, based on the fact that at the time the bomb was placed the garage door was broken (it was stuck in the open position). The D.C. Circuit affirmed the district court's grant of summary judgment to the garage owners, on the grounds that the intervening criminal act of the plaintiff's kin was not foreseeable. And the court started the opinion with flair: Solon, the ancient Athenian lawgiver, made no law against patricide because he thought it...

Full post as published by Legal Blog Watch on August 18, 2010 (boomark / email).