Liability for Accidental Death: Commonwealth v Berggren Case

School: Saint Leo University - Course: CRM 123 - Subject: Accounting

Module 4 Case Brief Case Title/Citation:Commonwealth v. Berggren 496 N.E.2d 660 (1986) Procedural History:The District Court granted the motion challenge the charge of motor vehicle homicide. The defendant awaits a trial through an Appeals Court consisting of six juries from the Barnstable Division. Facts:Patrolman Michael Aselton of the Barnstable police department pursued the defendant who was speeding on his motorcycle. The defendant knew that he was being followed but consciously made the decision not to pull over due to him being "in fear of his license". Consequently, the patrolman lost control of his marked police cruiser crashing into a tree. He died from impact while the defendant was completely oblivious of the tragedy from being at least 100-yards ahead of the patrolman. Issue:Given the context of the situation, should the defendant be held liable for being the catalyst to an accident that he was clearly not even a part of? Ruling/Reasoning:(Lynch, Justice) The Appeals Court affirms that due to the chain of events that led to the accident, the defendant is liable on the grounds of causation. The patrolman's untimely death was a result of the defendant's negligent actions. Regardless of the defendant's motorcycle not directly causing the accident, it was his wrong decisions that led to the events that unfolded. Therefore, he is ultimately justified to receive a conviction.

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