People V Kibbe 1974

377 Words2 Pages
@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 Kibbe’s car and drive toward Canandaigua. As Krall was driving, Kibbe slapped Stafford several times in order to get all his money. To make sure he had no more money on his person, Kibbe told him to lower his trousers and to take off his shoes. 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 shirt rolled up his chest. He did not have any outer clothing and was shoeless. Before the defendants left, they put Stafford’s 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 road with his hands in the air. Blake could not stop in time or avoid hitting him, therefore, Stafford was hit by Blake’s car and died. Issue: Did Kibbe and Krall legally cause the death of Stafford? Holding: Yes Reasoning: Kibbe’s and Krall’s action of leaving a helplessly intoxicated man without his eyeglasses, where he could not protect himself from the elements, are the proximity cause of the death of George Stafford. It was reasonably foreseeable 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

More about People V Kibbe 1974

Open Document