Foreseeability: Duty vs. proximate cause
, September 2017
A case is more likely subject to dismissal prior to trial if the court decides that no duty is owed because plaintiff’s injury is not considered to be foreseeable as a matter of law.
Failure to yield yields question of fact
Civil Practice and Procedure
, January 2016
The recent case of Griffin v. Cohen and Co-Co Pools, Inc. is a very good example of how difficult it is to win a summary judgment motion arising from an intersection car collision based upon the sole proximate cause defense.
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