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Crucial to this reasoning is the notion (taken directly from Larsen) that because auto accidents are foreseeable, auto manufacturers have "a duty to minimize the injurious effects of a crash, no matter how the crash is caused." (16) In other words, in crashworthiness cases, "[t]he dangerous condition for which Plaintiff seeks recovery is the alleged uncrashworthiness of the [vehicle]--not the risk of an accident generally." (17) At bottom, the minority view maintains that the cause of the first collision cannot--as a matter of law--be a proximate cause of enhanced injuries.
The COA determined that summary disposition should have been granted at the trial court level, but the MSC vacated the COA ruling to remand the case back to the COA with a clarified definition of the phrase "the proximate cause."
proximate cause may play in future patent cases, particularly those
According to the insurance code and case law, if the facts show the Thomas Fire, a covered peril, was the efficient proximate cause of the subsequent mudflow, mudslides, debris flow, landslide, or other similar event, then damage caused by those events should be covered under the property owner's insurance policy.
The plaintiff's argument that the surge losses are not subject to the flood sublimit because the efficient proximate cause was wind makes more sense than the defendants' argument that "windstorm is a different peril than flood";
"The conduct of Twitter was a direct, foreseeable and proximate cause of the wrongful deaths of Nohemi Gonzalez, Alexander Pinczowski," the New York lawsuit ( reportedly said.
(98) The Second Circuit's proximate cause standard is the appropriate one for reasons that will be discussed below.
"Moreover, the proximate cause of the fire and the consequent deaths, injuries and damages can be laid to the doorstep of Westwood itself," he stated.
The drunk driver's negligence may be both a factual and proximate cause of all of Mrs.
Although empirical evidence exists for the fitness consequences of molt asymmetry, the proximate cause of asymmetrical molt remains unknown.
"Second, we held in Rothstein that Congress did not 'intend[] to permit recovery under [section] 2333 on a showing of less than proximate cause,' Rothstein, 708 F.3d at 95, .As Rothstein holds that proximate cause is required to state a claim under [section] 2333, our next task is to determine whether plaintiffs allege that the actions of the defendants proximately caused their injuries.