Arkansas Supreme Court
481 S.W.2d 713 (1972)
Frank Follett (plaintiff) was driving his car when he collided with a pickup truck driven by Chauncy Jones (defendant). Jones was hospitalized with broken ribs, cuts, bruises, and a head injury. When his chest was x-rayed in the hospital, Jones was found to have terminal lung cancer. Jones died 17 days after the accident. The cause of death reported on his autopsy was cancer. Jones’s widow sued Follett for the wrongful death of her husband. At trial, a doctor testified that although cancer would have eventually killed Jones, Jones died from a combination of the cancer and the accident. That doctor and another doctor testified that the accident hastened Jones’s death. A jury found Follett negligent in causing the collision with Jones. The jury also found that the accident was the cause in fact of Jones’s death and awarded damages for wrongful death to Jones’s widow. Follett appealed, arguing that the trial court erred in not issuing a directed verdict in his favor, because the evidence did not show that the collision was the cause in fact of Jones’s death. Follett also argued that the jury’s wrongful-death finding was speculative, because there was no evidence relating to the amount of time by which the accident shortened Jones’s life.
Rule of Law
Holding and Reasoning (Holt, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 222,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.