Wednesday, November 21, 2012

More than one proximate cause, and comparative fault.


Practice point: There can be more than one proximate cause of an accident.

Student note: Therefore, the proponent of a summary judgment motion has the burden of establishing freedom from comparative fault as a matter of law.

Case: Antaki v. Mateo, NY Slip Op 07261 (2d Dept. 2012).

Here is the decision.

Friday’s issue: Medical malpractice, and experts’ opinions.