Wednesday, May 5, 2010

M Civ J I 15.01 - Proximate Cause

The Committee proposes to amend this instruction, which defines "proximate cause".

The proposed new wording, with added language in bold:
When I use the words “proximate cause” I mean first, that the negligent conduct must have been a cause of plaintiff’s injury, and second, that the plaintiff’s injury must have been of a type that is a natural and probable result of the negligent conduct.
The explanatory note:
The Committee proposes to amend the definition of proximate cause because, as presently worded, the second component of the definition can be understood by a jury as meaning that the specific injury suffered must be a natural and probable result of the negligent conduct, whereas all that is required is that the injury fall within the category of injury that is a natural and probable result of the negligent conduct. To convey the distinction the committee has added the words “of a type that is.”
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