Glenwood Springs Post IndependentOpinion

Whiting column: Problems and proximate cause

The initial step to a solution is correctly identifying the problem. If the true nature of a problem isn’t determined, any ...
Law

Proximate Cause: Plaintiff's Employer and Its Post-'Burlington' Role in the Duty To Defend Analysis

In this article, Laura B. Dowgin and Thomas J. Maroney discuss the 'Burlington Insurance v. NYC Transit Authority' case and how case law regarding the duty to defend has been affected since the ...
JD Supra

Concurrent Cause Issues in Insurance: How to Unravel the Language

Property insurance policies are complex legal contracts. That’s because the insurance industry has its own language and processes that can be subject to multiple interpretations. One of the terms that ...
JD Supra

Establishing Proximate Cause Where Both Roads Lead to the Defendant

In Westfield Ins. Group v. Pure Renovations, LLC, 2019-Ohio-4773, 2019 Ohio App. LEXIS 4829, the Court of Appeals of Ohio considered whether the lower court properly granted the defendant’s summary ...
Law

Sole Proximate Cause and 'Biaca-Neto'

In their Trial Practice column, Robert Kelner and Gail Kelner discuss a recent Court of Appeals decision that addressed the issue of whether a worker was the sole proximate cause of his own injury by ...
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The ‘proximate cause’ doctrine

My friend caused a vehicular accident and hit a 5-year-old boy who was then unsupervised by his parents. My question is simple: can we shift the liability to the parents of the boy, who were negligent ...