51 0 obj 6 0 obj AppendPDF Pro 6.3 Linux 64 bit Aug 30 2019 Library 15.0.4 First, a foreseeable intervening cause may still eliminate the defendant’s liability if the intervening cause … Indeed, the defense has been utilized in medical malpractice cases for decades. 2020-10-09T12:37:21-07:00 Thomas v. Corso, 265 Md, 84 50 0 obj They argue this of course to also deny liability. §4-244(14). Notable among his successful verdicts was the landmark Sparks vs. Republic National Life Insurance Company case, a $4.5 million award to Ted's client. In Copsey v.Park (Md. In order for there to be a medical malpractice case there absolutely must be causation. <>stream endobj A superseding cause, also known as an “intervening cause,” may be proven to have substantially caused the accident. = Superseding cause. A superseding cause is an event or person which interferes with the sequence of events leading from the defendant’s negligent act to the plaintiff’s injury. Like an intervening cause, a superseding cause occurs between the defendant’s action and the plaintiff’s injury, and it is also responsible for the injury. <>17]/P 21 0 R/Pg 37 0 R/S/Link>> 2007), the intoxicated bar patron was driven home by a bar employee and given her car keys. One such case is State v. Little, 57 Wash. 2d 516, 358 P.2d 120 (1961). Schmidt, Sethi & Akmajian is one of the most experienced, successful personal injury law firms in the Tucson area. You will remember in Patterson v. Thunder Pass, Inc., 214 Ariz. 435, 153 P.3d 1064 (App. 25 0 obj endobj <> Div. To relieve the defendant of liability, the intervening or superseding cause must be unforeseeable in most cases. The trial court properly denied JAI's motion for judgment as a matter of law. Rep. 11 (App. endobj Rather it ruled the jury should have been given an instruction on intervening superceding cause. One such case is State v. Little, 57 Wash. 2d 516, 358 P.2d 120 (1961). <>15]/P 21 0 R/Pg 37 0 R/S/Link>> 3. endobj As a matter of law, the alleged superseding intervening negligence of Dr. Evans and Davis does not absolve Dr. Gillis of liability if the jury finds that he, too, was negligent in treating [the deceased] and that his negligence created the condition that put her at such extreme risk." The event legally prevents a defendant from being responsible for a plaintiff’s injury. 26 0 obj The decision to prosecute a parent was a superseding intervening cause breaking the causal connection to a negligent CPS investigation. The trial court denied JAI's motion for judgment as a matter of law. An intervening cause becomes a superseding cause, thereby relieving [JAI] of liability for any original negligent conduct, when the intervening force was unforeseeable and may be described, with the benefit of hindsight, as extraordinary. Although no Washington case deals with subsequent drug use by a crime victim as an alleged superseding proximate cause of death, several of our cases involve an analysis of a claim that subsequent medical malpractice was an intervening cause. 5 0 obj The court explained that in cases involving acts of negligence by subsequent treating physicians, the liability of the initial treating physician can be cut off if subsequent negligence by another physician constitutes a … In other words, your injury wouldn’t have happened but for the negligent act. 1 0 obj <>18]/P 48 0 R/Pg 37 0 R/S/Link>> A.R.S. This has an effect on who should be held liable for the damages caused by the accident. Among the most common scenarios involves negligent medical care that leads to additional harm to the already injured plaintiff. However, there was sufficient evidence for a jury to conclude that Panameno's decision to drive from his friend's house to his girlfriend's house and then from the girlfriend's house to the scene of the accident constituted a superceding intervening cause and the jury should have been so instructed. 27 0 obj He was arrested and found to have a blood alcohol concentration at the time of the collision of between 0.210 and 0.274. endobj Copyright © 2020 Schmidt, Sethi & Akmajian. If the intervening cause is foreseeable, however, the defendant will still be liable. I, November 15, 2018) (J. Howe), DECISION BY INTOXICATED PERSON TO DRIVE MAY CONSTITUTE AN INTERVENING SUPERCEDING CAUSE TO DRAMSHOP LIABILITY. Editor's Note: If a petition for review is filed I think the Supremes will address this one. Superseding cause is a defense to negligence. the superseding negligence of former party. Three six packs of beer were found in the car with two open or broken bottles. See e.g. A superseding cause arises primarily when unusual and extraordinary independent intervening negligent acts occur that could not have been anticipated by the original tortfeasor. endobj 33 0 obj The question which naturally arises is whether the determination of superseding cause in this context is a question for the jury. He drove off and hit the plaintiff on his scooter causing serious bodily injury. An intervening cause becomes a superseding cause, thereby relieving [JAI] of liability for any original negligent conduct, when the intervening force was unforeseeable and may be described, with the benefit of hindsight, as … endobj A superseding cause, also known as an “intervening cause,” may be proven to have substantially caused the accident. Development of the intervening/ superseding cause defense. <> • Superseding Cause: o If the danger of direct injury or risk from an intervening cause is not foreseeable, then the original D is relieved of liability. A recent Colorado Court of Appeals case, Danko v.Conyers, 2018COA14 addressed a superseding cause in a medical malpractice case.The case has some interesting aspects that may relate to legal malpractice and professional liability defense. Nor can a licensee serve more than forty ounces of beer to one person at one time for that person's consumption. 30 0 obj In these jurisdictions intervening cause describes any cause that comes between a defendant's conduct and the resulting injury, and an intervening cause that relieves a defendant of liability is called a superseding cause. THEN Panameno decided to drive drunk. New Jersey limits consideration of a plaintiff's comparative fault to cases in which a plaintiff intentionally disregards a known risk in deciding how to use the product. Doctors, Nurses and Superseding Cause: The Demise of the Last in Time Defense uuid:e2493260-af8b-11b2-0a00-80a3ba72ff7f §4-244(23).1. An intervening cause may break the connection between the injury and the defendant’s action, and thus destroy a negligence claim. <> Other jurisdictions do not use the term superseding cause. The jury returned a verdict of $3,503,494.58 in compensatory damages allocating 60% of the fault to Panameno and 40% to JAI. In other words, an unforeseeable or improbable intervening cause will constitute a superseding cause, and will allow a defendant to escape liability. 35 0 obj <> Although no Washington case deals with subsequent drug use by a crime victim as an alleged superseding proximate cause of death, several of our cases involve an analysis of a claim that subsequent medical malpractice was an intervening cause. A recent Colorado Court of Appeals case, Danko v. Conyers, 2018COA14 addressed a superseding cause in a medical malpractice case. endobj Where the jury returned a defense verdict in this medical malpractice case, plaintiff’s motion for a new trial is denied because, among other reasons, the jury was correctly instructed on superseding cause, a defense expert’s testimony was properly admitted, and defense counsel’s statements during closing argument were not misleading or highly prejudicial. Thus, a defendant should presumably be able to argue persuasively against a Deutsch v. Shein instruction proffered by the plaintiff even if a causation defense was protectively pleaded. In Patterson the court held it was unforeseeable that the bar patron would return to the bar and drive so claim was barred by intervening superceding cause. In some jurisdictions, an intervening cause that removes liability is called a superseding cause. Appligent AppendPDF Pro 6.3 A defendant's superseding intervening cause argument was characterized by that court as "nothing more than an improper attempt to inject comparative negligence principles into this strict product liability action." The court then gave the jury instructions on superseding causation at the conclusion of the trial. The term superseding cause refers to some event that occurs after the initial act that caused an accident, or some other injury. There can’t be any independent intervening causes that break the chain of causation. The jury should have been allowed to consider whether or not it was foreseeable that despite the fact the drunk left with a friend driving that he might nonetheless eventually get behind the wheel at some point while still drunk and injure someone. <>1]/P 13 0 R/Pg 37 0 R/S/Link>> Be the first and Add your Comment below. <>25]/P 25 0 R/Pg 37 0 R/S/Link>> endobj An "intervening cause" is an independent cause that occurs between the original act or omission and the final harm and is necessary in bringing about that harm. Collins & Sons Fine Jewelry, Inc. v. Carolina Safety Sys., Inc., 296 … So what qualifies as a superseding cause? She then returned to the bar with her keys, got in her car and caused an accident. • “Intervening negligence cuts off liability, and becomes known as a superseding cause, if ‘ “it is determined that the intervening cause was not foreseeable and that the results which it caused were not foreseeable....” ’ ” (Martinez, supra, Rock, 2012-SC-707, a decision authored by Justice Michelle Keller arising out of a medical malpractice ... only when the defendant has claimed that there was an intervening superseding cause and the trial court has determined that the intervening event was not a superseding cause as a matter of law. <>2]/P 6 0 R/Pg 37 0 R/S/Link>> It is often contended wrongly by a defendant or his or her insurance in these situations that there was an independent intervening cause that breaks the chain of causation. (The foreseeability analysis here is further clouded by the fact that the court states there was no evidence the bar had actual knowledge how Panameno got to the bar, that his friend drove when he left or whether or not he ended up home then drove intoxicated and caused an accident.). An "intervening cause" is an independent cause that occurs between the original act or omission and the final harm and is necessary in bringing about that harm. Where the jury returned a defense verdict in this medical malpractice case, plaintiff’s motion for a new trial is denied because, among other reasons, the jury was correctly instructed on superseding cause, a defense expert’s testimony was properly admitted, and defense counsel’s statements during closing argument were not misleading or highly prejudicial. x��XɎ7��+��ê� In this legal malpractice case, the clients do not allege their attorneys argued the wrong legal ... constitutes a new and independent, or superseding, cause that severs any causal connection between the attorneys’ alleged negligence and the costs the clients incurred to appeal. A.R.S. 2020-10-09T12:37:21-07:00 There can’t be any independent intervening causes that break the chain of causation. intervening negligence of the physician must be disconnected from the negligence of the hospital and must be of itself an efficient, independent and self-producing cause of the patient's injury. A negligence claim will only succeed if you prove that your injury was actually caused by the defendant’s negligence. When is Evidence of a Superseding Cause Allowed in Maryland Malpractice Cases? Also, a claim of intervening superseding cause is an affirmative defense that must be pleaded under CR 8.03, for which the defendant bears the burden of proof. Understanding Independent Intervening Causes. 3 0 obj He is certified by the State Bar of Arizona as a specialist in "wrongful death and bodily injury litigation". <>11]/P 20 0 R/Pg 37 0 R/S/Link>> A friend then drove him to the friend's house. JAI appealed and the Arizona Court of Appeals vacated the jury verdict and remanded based upon the trial court's failure to instruct on intervening and superceding cause. <>4]/P 6 0 R/Pg 37 0 R/S/Link>> <>stream 34 0 obj Essentially, superseding cause is an intervening cause that was not within the foreseeable risk of harm. o Negligently cause broken leg – medical malpractice is foreseeable. There are no comments for this post. endobj <>3]/P 6 0 R/Pg 37 0 R/S/Link>> Understanding Independent Intervening Causes. endstream Proving causation is a huge step in being able to establish liability in a medical malpractice case. This means that, when a defendant acts negligently and, as a result, the victim requires medical care, the defendant will also face liability for any enhanced injuries the victim received from subsequent medical malpractice. 16 0 obj Part II will discuss cases in which courts have considered superseding cause as a defense against liability for failure to diagnose, setting forth the courts’ justifications for either permitting or rejecting the defense. The distinction to focus on here is that this guy left the bar with a friend and the friend drove him to the friend's house. An "intervening cause" is an independent cause that occurs between the original act or omission and the final harm and is necessary in bringing about that harm. In other words, your injury wouldn’t have happened but for the negligent act. The concepts of intervening and superseding cause have existed in Maryland jurisprudence for some time. Intervening and superseding causes—which occur when the action of a third party, or even an act of nature, play a role in causing the plaintiff’s injury—disrupt this so-called "causal chain" and can diminish or even wipe out the defendant's liability, which means intervening and superseding causes can reduce or eliminate your ability to get fair compensation ("damages") for your injuries. Intervening Acts Need Only Be Foreseeable, Not Negligent or Wrongful, Says the Supreme Court of Georgia by Kevin C. Ford, Trial Lawyer In wrongful death actions, as well as in civil tort cases in general, an injured plaintiff must prove that his injury was “caused by” the defendant in order to recover for his or her injuries. 2020-10-09T12:37:21-07:00 Published on: July 6, 2016. If the defendant can prove that the event was a superseding cause, and not merely an intervening cause, then they may be excused from being liable for any damages. Defendant Pedro Panameno consumed a fifth of bourbon, minus one swig, before attending a strip joint owned by defendant JAI where he consumed 11 or 12 beers. ���l At3r0�� �d`��yE���b٘�5��f���W�t�y�����W_�����������o��~��o��ve�`�4zqI/|��n�5x5^|�o������oVo�U�ʛ���Ϸ����w_ިϷOw����o����rOp�:}�����)5�O�?�����wܖ�m�#���1{&��ﱥm�7��0�����Ջ5��K'QGC�yg����5t��-׬K:��x�Ke�,��9��������U�BZ��VT����1��Z�f���Xs�o����ְO`�e�C������#�-qP{����4�3�T�|?�$��!Ԯ�i+ ��`4�s'�#�t�M���[9��q�J�בڈ�H��Y��x����L8t!�)�ǘ�&sXl��]�iz���Br���PY���DZ�yn�Ms�d�s6� #j��ɧ��bA����;1�~���V\�͚wz�;>�P��ـ��œIo��ג���F�L��d��xCP�A�բ0+�p��&��:5ׂd�̻�Ȥh��\��G�>�����������n, Doctors, Nurses and Superseding Cause: The Demise of the Last in Time Defense. 868, 886–87, 107 P.3d 98 (2005). A superseding cause means that a third party’s actions intervene and cause the accident. endobj The medical malpractice complications rule states that intervening acts of medical negligence that enhance a tort victim’s original injury are foreseeable as a matter of law.This means that, when a defendant acts negligently and, as a result, the victim requires medical care, the defendant will also face liability for any enhanced injuries the victim received from subsequent medical malpractice. endobj out of proximate causation: superseding and intervening causation, and the medical malpractice complications rule. endobj It also rejected a tendered instruction that Dr. Thus, for an intervening act to be a superseding cause that relieves an actor from liability, the intervening act must be a cause that could not have been reasonably foreseen or anticipated. The term superseding cause refers to some event that occurs after the initial act that caused an accident, or some other injury. Posted Monday, January 09, 2017 by Ed Harper. Causation And Damages In A Medical Malpractice Case. • Run into this with "Acts … <>/MediaBox[0 0 612 792]/Parent 9 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageC]/XObject<>>>/StructParents 0/Tabs/S/Type/Page>> As long as the intervening cause is “an independent force, entirely superseding the original action and rendering its effect in the causation remote,” an instruction may be warranted … even if a third-party is not a party at trial, an instruction on intervening negligence may be given if the evidence at trial shows that the third-party’s conduct was a sufficient “intervening cause” … Therefore, Plaintiff’s … 32 0 obj Established in 1995, our firm has a long history of success, as seen in our many victories. uuid:e249325f-af8b-11b2-0a00-a08ec7020000 To this day, it is the defining case for insurance bad faith, and yet it is only one of several other multi-million dollar jury judgments won by Ted during his career. endobj The Court of Special Appeals of Maryland recently reviewed a medical malpractice case involving issues of admissible evidence to prove superseding negligence. 14 0 obj 2 0 obj out of proximate causation: superseding and intervening causation, and the medical malpractice complications rule. However, three exceptions exist. endobj endobj Please complete all required fields below. By Arfaa Law Group. 15 0 obj App. Gausvik v. Abbey, 126 Wn.App. WPI 15.05 – “A superseding cause is a new independent cause that breaks the chain of proximate causation between a defendant’s negligence and an injury/event. Here the court did not rule as a matter of law there was an intervening superceding cause. A licensee cannot serve liquor to an obviously intoxicated person or allow an obviously intoxicated person to remain on the premises longer than thirty minutes after the obvious intoxication becomes known or should become known. That may relate to legal malpractice and professional liability defense legally prevents a defendant to escape liability $ 3,503,494.58 compensatory! Cause – 2018 Colorado court of Appeals case, Danko v. Conyers, 2018COA14 addressed a superseding cause primarily! Intervening causes that break the chain of causation Carolina Safety Sys., Inc., 296 superseding... 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