A driver negligently strikes a pedestrian who is rushed to the hospital. Due to an undetectable pre-existing heart condition, the pedestrian dies during surgery. But for the accident, the pedestrian would not have had surgery. Is the driver liable for the death?
-
A
No, because the pre-existing heart condition was an unforeseeable intervening cause
-
B
Yes, because under the but-for test the driver's negligence caused the death
-
C
No, because surgical complications constitute a superseding cause as a matter of law
-
D
Yes, but only for the collision injuries, not for the surgical death