Practice point: Even when negligence and injury are both
properly found, the negligent party may be held liable only where the
alleged negligence is a proximate cause of the injury. Generally it is for the jury to determine the issue of causation. However, on a motion for summary judgment,
the court will decide, as a matter of law, whether a prima facie case of negligence has been established.
Student note: The elements of a cause of action alleging common-law negligence are a duty owed by
the defendant to the plaintiff, a breach of that duty, and a showing
that the breach of that duty constituted a proximate cause of the injury.
Case: Roberson v. Wyckoff Hgts. Med. Ctr., NY S.lip Op 08622 (2d Dept. 2014)
Here is the decision.
Monday's issue: New York's application of res judicata.
