Publications

Section Newsletter Articles on Proximate Cause

Foreseeability: Duty vs. proximate cause By Thomas F. Tobin, III Tort Law, 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 By Jason G. Schutte 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.

Select a Different Subject