But he said quietly: "The proximate cause
We may say, speaking somewhat roughly, that a stimulus applied to the nervous system, like a spark to dynamite, is able to take advantage of the stored energy in unstable equilibrium, and thus to produce movements out of proportion to the proximate cause
. Movements produced in this way are vital movements, while mechanical movements are those in which the stored energy of a living body is not involved.
As the fog had been the proximate cause
of this sumptuous repast, so the fog served for its general sauce.
This was the proximate cause
, I suppose, of my dreaming about him, for what appeared to me to be half the night; and dreaming, among other things, that he had launched Mr.
The Alabama Supreme Court, however, has ruled that foreseeability alone is not a sufficient basis for liability and that a plaintiff must also prove by substantial evidence that the mental health professional breached the applicable standard of care and that this breach was a proximate cause
of the patient's death.
Neighborhood Housing Services, the court noted that, in order to recover under the Scaffold Law, there must be some evidence that a violation of the law by the contractor or owner was the proximate cause
of the accident, as opposed to Cahill's sole negligence.
Applying what it claimed were general tort principles and noting that there can be more than one proximate cause
of an event, the court concluded that "it is obvious that the negligence of a plaintiff who causes the initial collision is one of the proximate causes
of the injuries he sustained, whether limited to those the original collision would have produced or including those enhanced by a defective product in the second collision." (10)
"Especially troubling is what I view as the majority giving petitioner a pass on the element of proximate cause
Having addressed the proximate cause
rule in Part 1 of this two-part column, we offer discussion and supporting case law for the reasonable certainty and foreseeability rules below.
It concluded that the claimant's violation of a known safety rule was the proximate cause
of his injury.
On the dram-shop claim, the court decided as a matter of law that the claim failed on the element of proximate cause
. The Court of Appeals reversed and remanded on both claims.
'We hope to establish the proximate cause
of his death in an autopsy scheduled on Monday (Jan.