If other concurring causes are in issue, use WPI 15.04 (Negligence of Defendant Concurring with Other Causes), with this instruction. If there are varying inferences to be derived from the evidence, the range of reasonable anticipation of foreseeability is a question for the jury. Thus, the "causal connection" between the wrong and damages is broken by the intervening cause. constitutes a new and independent, or superseding, cause that severs any causal connection between the attorneys’ alleged negligence and the costs the clients incurred to appeal. D.C. 187, 65 F.2d 820 (D.C. Cir. However, just as the county fire department has the fire nearly contained, Peter Petrol drives his oil truck through the fireline against a fire fighter's orders and stops on the road between Flameout's property and Richard Rancher's. Cohen v. Petty, 62 App. On the other hand, the chain of proximate causation is not broken when the defendant, in the exercise of ordinary care, should reasonably have anticipated that the independent intervening cause, force, or act was likely to happen. • “ ‘A superseding cause is an act of a third person or other force which by its intervention prevents the actor from being liable for harm to another which his antecedent negligence is a substantial factor in bringing about.’ If the cause is Law (8th ed.) Sometimes this is called supervening cause. If the intervening cause is strong enough to relieve the wrongdoer of any liability, it becomes a superseding cause. Home, 131 Wn.2d 39, 50, 929 P.2d 420 (1997)). The term superseding cause refers to some event that occurs after the initial act that caused an accident, or some other injury. An independent intervening cause is one that operates on a condition produced by an antecedent cause but in no way resulted from that cause. The court must determine whether the employee was acting unreasonably when the event occurred. Collins & Sons Fine Jewelry, Inc. v. Carolina Safety Sys., Inc., 296 … According to the appeals court, the sudden illness was an intervening cause. In these jurisdictions intervening cause describes any cause that comes between a defendant's conduct and the resulting injury, and an intervening cause that relieves a defendant of liability is called a superseding cause. The result is that the person who started the chain of events is no longer responsible and will not be found liable for damages to the injured person. For example, suppose the defendant poked an associate in the chest during a friendly discussion around a watercooler, and the associate subsequently jumped out a window. On appeal the Court of Appeals of the District of Columbia affirmed. Defendants' attempted characterization of the welding as an “independent intervening” or “superseding cause” of the incident “is a material fact question for the jury. ), Washington Pattern Jury Instructions--Civil, Part II. The sudden sickness and fainting spell were, Petty claimed, an intervening cause that relieved him of liability. This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional. Bishop v. Miche, 137 Wn.2d 518, 532, 973 P.2d 465 (1999). The Legal Standard – in a Nutshell The defense of superseding intervening cause is a defense that uses negligence principles. For example, assume that a farmer agrees to store a large, heavy sculpture for an artist. These jurisdictions simply ask whether the intervening cause is sufficient to relieve a defendant of liability. In Cohen, Jeanette Cohen sued Joseph Petty for permanent injuries she suffered as a passenger in a vehicle when Petty drove it into an embankment. Accord Cox v. Keg Restaurants U.S., Inc., 86 Wn.App. Example: Fred Flameout negligently starts a wildfire by welding on his hay bailer next to a row of haystacks, some hay catches fire, and the fire spreads, heading toward the next door ranch. "Intervening-Cause Defense: Is It Still Viable Under Comparative Fault?" By contrast, a foreseeable intervening cause typically does not break the chain of causality, meaning that the tortfeasor is still responsible for the victim's injury—unless the event leads to an unforeseeable result. https://legal-dictionary.thefreedictionary.com/Superseding+intervening+cause, Again, the court was convinced that this was proof positive that a, (18) Every one of these considerations militates against treating an employer's personnel investigation for discipline as a, Dictionary, Encyclopedia and Thesaurus - The Free Dictionary, the webmaster's page for free fun content, Comparative fault as a defense in products liability subrogation, Needle stick suit: judgment for RN & employer upheld, Defeat the 'cat's paw' defense to vicarious liability: employers are seeking to avoid subordinate-bias liability for employment discrimination by claiming that the chain of causation was broken by an unbiased final decision-maker. On the other hand, if that chain-of-events thing is something really out of the ordinary (like Batman), then we dub it a “superseding cause”… which means “Really? New and wholly independent. Natural forces include extraordinary weather, earthquakes, volcanic eruptions, and the conduct of animals. A court order prohibiting a father's contact with his child may be an intervening cause breaking the chain from a negligent CPS investigation only if all the material information was presented to the court that issued the order. Petrol's negligence is an intervening cause which gets Flameout off the liability hook. … For further discussion of intervening or superseding causes, see. A separate act or omission that breaks the direct connection between the defendant's actions and an injury or loss to another person, and may relieve the defendant of liability for the injury or loss. 6 October, 2015 - 09:41 . 868, 886–87, 107 P.3d 98 (2005). In Albertson v. State, 191 Wn.App. An intervening cause becomes a superseding cause, thereby relieving [JAI] of liability for any original negligent conduct, when the intervening force was unforeseeable and may be described, with the benefit of hindsight, as extraordinary. A defendant is held liable for an injury or loss to another person if the defendant's negligent or reckless conduct was the proximate cause of the resulting injury or loss. The most common intervening causes cited by defendants are natural forces and negligent human conduct. 239, 251–52, 935 P.2d 1377 (1997). U.S. Govt. In United States v. Eddy, 26 C.M.R. Tex. 1988) 516, 521, 870 P.2d 999 (1994). "Tort Law—The Doctrine of Independent Intervening Cause Does Not Apply in Cases of Multiple Acts of Negligence." However, the defendant may escape liability by showing that a subsequent act or event, or intervening cause, was the real cause of the injury. A superseding cause, also known as an “intervening cause,” may be proven to have substantially caused the accident. 1998. The concept of superseding cause, however, assumes that D's negligence was an actual cause and relieves him of liability because of the existence of another causative factor, which is termed a superseding cause.1" It is at this point that artificial methods of restrict-ing D's liability are invoked. If the artist sues the farmer for damage to the sculpture, the farmer may argue that the tornado intervened between her negligent storage and the damage, relieving her from any liability. 1933), illustrates how the doctrine of intervening cause works. superseding cause n. the same as an "intervening cause," or "supervening cause," which is an event which occurs after the initial act leading to an accident, and substantially causes the accident. Otherwise, the foreseeability of the criminal act is a question for the trier of fact.” Johnson v. 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