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Hopkins, a Buffalo Bills Fan, Fell from the Upper Deck

Question 109

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Hopkins, a Buffalo Bills fan, fell from the upper deck of Ralph Wilson Stadium and injured another spectator last year. Stadium video surveillance revealed that Hopkins slid partway down a railing and climbed back up to his seat several times before falling backward on his fifth slide. He tumbled 20 to 25 feet and landed on Mark Bratcher, injuring the man's head, neck and back. Hopkins was not seriously hurt. Dr. Loubert Steven Suddaby, Bratcher's neurosurgeon, testified that Bratcher had bulging discs in two places in his cervical spine and a herniated disc in his middle spine. He said if the impact had been only two inches forward, Bratcher could have been killed or left a quadriplegic. Batcher sues Hopkins for negligence. Discuss actual and proximate cause on these facts.

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