Wednesday, December 30, 2009

Hines v. Morrow- (Court of Civil Appeals of Texas, Dallas, 1921)

Luke Skywalker returned to Dagobah to continue Jedi training under the tutelage of Master Yoda. Under the direction of his master, Luke proceeded to stand on his head and lift some large rocks into the air using the Force. Before completing the exercise, with the rocks still floating mid-air, Luke's hand that had prior to that time been severed in an unrelated intrafamily lightsaber duel, which was extended with a cybernetic hand, began to sink into the swamp mud. The hand went down into a hole at least 10 inches or 12 inches, filled with soft mud and water, and Luke's limb became securely fastened therein, and he was unable by his own efforts to extricate his said hand from said hole. As he was sinking, Luke, a young Padawan, not yet fully trained in the Jedi ways, became distressed and lost concentration, at which point the rocks he had been levitating began to fall toward him. In order to avoid the danger of being hit with large rocks, which danger was then imminent and certain, if he was unable to extricate his limb from said hole and said danger would have caused to him death or serious bodily injury, and, prompted thereby, he used the force to lift himself up into the branches of a Gnarltree located nearby and out of the path of the falling rocks. Thereby his hand and arm were pulled from the hole and in doing so a coil in a hanging vine that was dangling between him and the tree caught Luke's other arm. As Luke was flew through the air, the vine tightened around his arm and so mangled and lacerated the same that it became necessary to amputate his only non-cybernetic hand.

Luke sued Yoda for his injuries resulting from Yoda's negligent maintenance of the area used for training, specifically failure to repair the many slimy mudholes. (Yoda's response: "Mudhole?! Slimy?! My home this is!")

Yoda's defense relied on the assertion that the accident was too freakish to be foreseen, even by Yoda's power of Force vision.

The court found for Luke because the injuries were a result of Yoda's negligence, and the exact consequences of negligence do not have to be foreseen.

Contributed by Andrew Greenberg

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