Pohl v. County of Furnas
United States Court of Appeals for the Eighth Circuit
682 F.3d 745 (2012)
Juston Pohl (plaintiff), driving 63 mph in a 50 mph zone on an unfamiliar rural Nebraska road at night, missed a poorly maintained, scratched warning sign for a sharp curve maintained by the County of Furnas (defendant) and crashed, suffering serious injuries; an expert testified the sign was severely deficient and lacked adequate reflectivity, and that speeding on such roads was itself foreseeable to traffic engineers. The district court found the County 60% negligent and Pohl 40% negligent for speeding, awarding Pohl reduced damages; both parties appealed the apportionment.
Whether a defendant is liable for negligence if an unforeseeable intervening cause breaks the causal connection between the defendant's original conduct and the plaintiff's resulting injury.