Case Name: People v. AcostaCitation: 284 Cal. Rptr. 117 (1991)Facts: Two police helicopters crashed, killing three occupants, during a chase of the defendant, Acosta. One of the helicopter pilots violated FAA regulations during the chase.Defendant’s argument: The helicopter pilot’s FAA violations were a superseding cause of the accident. Also, it was unforeseeable (highly extraordinary) for a mid-air helicopter crash because the FAA inspector that testified had never heard of one and there was no civil or criminal cases involving a two-helicopter collision.State’s argument: Acosta’s actions were the actual (“but-for”) cause of the helicopter crash. The proximate cause requirement was fulfilled because it was foreseeable or “a possible consequence which reasonably might have been contemplated.”Holding: Acosta was the proximate cause but the judgment was reversed because there was insufficient evidence of malice.Reasoning: The proximate cause requirement was fulfilled because it was foreseeable or “a possible consequence which reasonably might have been contemplated.” That no pursuits have ever before resulted in a helicopter crash or midair collision is more a comment on police flying skill and technology than upon the innate probabilities involved.持不同政见者: (的直升机飞行员) 干预的疏忽行为和损害的危险,是不可以预见的;因此,法律不分配责任。持异议者然后引述在 Palsgraf 诉长岛 R.Co (1928 年) 卡多佐说,直升机不是"危险地带"。(持不同政见者是不正确的因为事实的实验者看起来也要看看是否有足够的关系,法律有道理的施加法律责任)
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