Diana inherited the family business, a 20-story hotel, from her father. Having no interest in the business, she closed it for several months while searching for a lessee. The hotel carpeting in many places was worn and had holes. Further, the plumbing was old and needed to be replaced. Diana did not have the money to make repairs. Finally, she entered into a long-term lease with Madison, who reopened the hotel. Approximately one week after opening, Andy caught his foot in a hole in the rug, tripped, and broke his leg. His recovery was slow and he could walk only with the aid of crutches. One evening, about 2 weeks after the accident, while trying to make his way on the crutches down a long hallway in his home, Andy fell and broke his wrist. If Andy sues Madison for the additional injuries he suffered in the second fall, will Andy win?

Select one:

A. Yes, because the fall of a person on crutches is foreseeable.

B. No, because Andy should not have been attempting to walk when he was unable to do so safely.

C. No, because the second fall was a superseding, intervening cause of Andy's injuries.

D. Yes, but Andy's damages will be apportioned between Diana and Andy.