Court overturns summary disposition: driver is responsible for injury caused by debris in road
Ronald Borek was rear-ended by another truck while delivering a semi-tractor load of scrap metal for his employer. He exited his cab and walked to the at-fault's cab to check on the driver; as he stepped down and started back to his vehicle, he was struck by a metal object. Police determined that he was struck by metal debris from his own trailer after the field of debris was struck by another vehicle. The trial court held that the driver who caused the original collision was not a cause of Borek's injuries because several minutes had elapsed between the collision and Borek being struck.
The Court of Appeals rejected this analysis and reversed the summary disposition that had been granted the original at-fault driver. It noted that while the first collision was "over," the risks it created had not abated. The disabled vehicles remained in the road with a substantial debris field. Therefore, it was a natural and frreseeable development that someone might be injured as a result--as evidenced by the police officers' decision to close the road. Borek's injury case was reinstated.