People V Kibbe 1974

@llen Yang

People v. Kibbe
362 N.Y.S.2d 848 (1974)
Facts:
Barry Kibbe and his friend Roy Krall, the defendants, met George Stafford, the victim, in a bar in winter. Kibbe and Krall noticed that Stafford had a lot of money and also was intoxicated. Unfortunately, Stafford asked Kibbe and Krall, who already decided to rob him, to help give him a ride. They got into Kibbes car and drive toward Canandaigua. As Krall was driving, Kibbe slapped Stafford several magazines in order to get all his money. To make sure he had no more money on his person, Kibbe told him to pocket-sizeder his trousers and to impart off his station. When Kibbe and Krall were satisfied, Kibbe forced Stafford out of the vehicle.
Stafford was thrust onto the shoulder of the rural two- lane highway while his trousers were still down to his ankles and garb rolled up his chest. He did not have some(prenominal) outer clothing and was shoeless. Before the defendants left, they put Staffords shoes and jacket on the shoulder of the highway. Stafford wore glasses, which was in the car, but when the defendants left, they either inadvertently or purposely did not give them to Stafford.
Michael W. Blake, a college student, was driving on the same highway at a reasonable speed and saw Stafford in the middle of the passageway with his hands in the air.



Blake could not stop in time or avoid hitting him, therefore, Stafford was hit by Blakes car and died.
Issue:
Did Kibbe and Krall legally cause the death of Stafford?
retention:
Yes
Reasoning:
Kibbes and Kralls action of leaving a helplessly intoxicated man without his eyeglasses, where he could not defend himself from the elements, are the proximity cause of the death of George Stafford. It was reasonably predictable that leaving Stafford, a drunk and blind man, on a highway could get hit by a car.
Blake had his low beam on as two cars approached and there was no lighting on the highway. When seeing Stafford, there was not abundant time to react. Blakes operation of the...If you want to get a full essay, order it on our website: Orderessay



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