Storer Communications, Inc. v. Burns , 195 Ga. App. 230 ( 1990 )

Deen, Presiding Judge,

dissenting.

The drivers of the four vehicles in the original wreck presented an emergency which precipitated the evasive action taken by Burns and Rev. West. But for Burns’ BMW hydroplaning, there would have been no accident. It is assumed this was not the result of Burns’ negligence. See Barlow v. Veber, 169 Ga. App. 65, 66 (1) (311 SE2d 501) (1983); Ford v. Pinckney, 138 Ga. App. 714, 716 (3b) (227 SE2d 430) (1976). Rev. West avoided the wreck by going through the left lane after Burns’ vehicle hydroplaned out of control. Thus, the hydroplaning of Burn’s car as a result of the initial wreck was the legally precipitating cause of her injuries and the proximate cause without which the accident would not have happened.

Photographer Winzurk’s Chevrolet Suburban was merely the stable object her car struck. Such is not enough to amount to a proximate cause. Gulf Oil v. Stanfield, 213 Ga. 436, 439 (99 SE2d 209) (1957) (illegal erection of sign pole struck by deceased not efficient cause of injury); Baughcum v. Cecil Key Paving, 190 Ga. App. 21, 23 (2) (378 SE2d 151) (1989) (improperly placed signs not legal cause of injury); Southern Bell Tel. &c. v. Dolce, 178 Ga. App. 175, 176 (1) (342 SE2d 497) (1986) (phone booth struck by car not legal cause of injury to passengers); Standard Oil v. Harris, 120 Ga. App. 768, 770-771 (3) (172 SE2d 344) (1969) (the assumed improper construction of building not legal cause of fire caused by improperly removed gas cap); Cain v. Ga. Power, 53 Ga. App. 483, 485-486 (186 SE 229) (1936) (illegally parked bus not proximate cause of injury to pedestrian who was obscured by bus); Morrison v. Columbus Transp. Co., 39 Ga. App. 708, 710 (148 SE 276) (1929) (illegally parked car which obstructed pedestrian’s view not proximate cause of motorcycle’s striking pedestrian); Hollingsworth v. Harris, 112 Ga. App. 290 (145 SE2d 52) (1965) (truck stopped in roadway but no causal connection shown).

Decided March 16, 1990 Rehearing denied March 29, 1990 Alston & Bird, Judson Graves, Bryan A. Vroon, for appellants. Daniel T. Donohue, Albert S. Johnson, Wade H. Watson III, Sharon W. Ware, for appellees.