First, a proximate cause
standard should be adopted because it is most consistent with the statutory language.
Comparative fault appropriately addresses the issue of proximate cause
and the apportionment of damages for which each party is responsible.
under the title of proximate cause
, it becomes unclear whether the court
A proximate cause
is a cause which, in a natural and continuous sequence, unbroken by a new cause, produces an injury, illness, disease, or death and without which the injury, illness, disease, or death would not have occurred.
81) Andrews posited that proximate cause
was not so limited.
A lot of practitioners don't appreciate that proximate cause
has two elements: directness and forseeability.
To analyze causation issues systematically, one has to identify factual cause issues separately from proximate cause
10) Research suggests that these two biases, working in tandem, considerably undermine people's ability to judge the foreseeability of events in hindsight accurately (11)--a task required of juries and judges in determining the guilt of felony murder defendants via the proximate cause
stock temperature--the proximate cause
of that part of the apparent viscosity variation that is independent of formulation, polymer breakdown and degree of crosslinking.
The proximate cause
of these losses was not profligate spending but prudent accounting.
There, the court held that where the sole proximate cause
of an accident is found to be the worker's own negligence, and there is no evidence of any violation of the safety requirements, Scaffold Law liability would not apply.
Supreme Court, however, unanimously ruled that ERISA completely pre-empts the plaintiffs' state law claims, and the high court judges noted that under ERISA if an HMO concludes that a particular treatment isn't covered under the terms of the plan, its "denial of coverage would not be a proximate cause
of any injuries arising from the denial.