“The dam is a low-head structure that creates dangerous
currents that have caused numerous boat accidents including a fatality in 2013.
Signs have been in place for several years warning floaters about the danger
and signaling portage routes around the dam. Despite the warnings signs, at
least two accidents have occurred in recent months. At the current water
levels, portage around the dam is very difficult.”
“While the victim’s expansive reading must be rejected, that
does not mean the broader principles underlying aggregate causation theories
are irrelevant to determining the proper outcome in cases like this. The cause
of the victim’s general losses is the trade in her images, and Paroline is a
part of that cause. Just as it undermines the purposes of tort law to turn away
plaintiffs harmed by several wrongdoers, it would undermine §2259’s purposes to
turn away victims in cases like this.”
A spacewalker works on the S0 truss after replacing a failed backup computer.