proximate cause


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proximate cause

The primary or moving cause of an injury.

References in periodicals archive ?
In assessing Cahill's activities, the court noted that his actions in shunning the safety ropes and choosing to climb 10 feet away from them may well fit the "recalcitrant worker" definition and be the sole proximate cause of the accident.
Noting that accidents can have more than one proximate cause, the court refused, despite the crashworthiness doctrine, to retreat from the "longstanding rule that a plaintiff's negligence is a complete bar to recovery if it contributes to his injuries." (11)
There are three legal principles governing the recovery of lost profits: proximate cause, reasonable certainty and foreseeability.
The claimant challenges the commission's conclusions that his breach of the safety rule was the proximate cause of his injury and that the employer enforced the rule.
The Supreme Court held that (1) the doctrine of implied primary assumption of risk does not apply to a claim in negligence for injuries arising out of the operation or patronage of a bar; (2) on a claim of innkeeper negligence, there was enough evidence on the element of foreseeability to create a disputed issue of material fact or disputed reasonable inferences from undisputed facts, making summary judgment improper; and (3) on a claim of violation of the Dram Shop Act, there was enough evidence on the element of proximate cause to create a disputed issue of material fact or disputed reasonable inferences from undisputed facts, making summary judgment improper.
No matter the proximate cause behind Trump's decisionthe conversation with Erdogan, an isolationist sop to his base, an impulse movekeeping or leaving the troops made absolutely no difference in the bigger scheme.
Swager, parties settled after the courts determined that a Chelsea High School cross country coach was the proximate cause of a car accident that severely injured one of the team's runners.
The Federal Circuit's approach to proximate cause has
"In that case, although it pertained to a city ordinance, the court ruled on the same proximate cause language and determined that an event does not have to be the sole cause of a disability, only a contributing factor," he said.
Wrobel further alleged that the Bills had negligently maintained the stadium seats, and that such negligence was the proximate cause of a significant knee injury sustained during the altercation.<br />In a decision dated June 6, 2017, Supreme Court granted defendants' motions for summary judgment.
The suit claims his death was a "direct and proximate cause" of the hospital failing to appropriately diagnose and treat the overdose.