Proximate Curse

When we in New England hear of a curse born of events that took place in New York near the beginning of the century, a curse responsible for four score and more years of misery, we think of the Yankees, right? However, The torts scholars among us may think of Mrs. Palsgraf, and the Long Island Railroad. Most of us know the misfortune of Mrs. Palsgraf, injured by an impromptu fireworks display, ultimately denied relief by the New York Court of Appeals via the seminal opinion of future Supreme Court Justice Benjamin Cardozo.

However, anyone who does not think immediately about negligence and proximate cause should check out this recent article on law.com (it might also be of particular interest to law students preparing for their Torts exams). Not only does the story recount the historic Cardozo Palsgraf opinion (good review!) but it describes the series of broken arms, dismembered thumbs, defective ladders, stolen evidence broken ankles, and tanker trucks "tottering precariously" on cliffs that have plaqued the progeny of Mrs. Palsgraf since the famous case was decided in 1928. The curse? None of the injured parties ever received reasonable damages for the injuries they all suffered (all, they alleged, due to the negligence of others). Yes, the unfortunate offspring of Mrs. Palsgraf were all denied any major league legal satisfaction for a variety of reasons: stolen evidence, protracted court proceedings, a Bucky Dent home run....

One wonders, of course: should any of Mrs. Palsgraf's heretofore accursed heirs run into legal trouble following the events of October, 2004, do you suppose they might manage to reverse their ill fortune?