They communicated with us promptly and thoroughly. Appligent AppendPDF Pro 6.3 I highly recommend Hays not only because he does the work to get it done but he cares about the client and outcome as well!” Facsimile: 754-703-7227, 2332 Galiano StreetSuite 205 This chapter lays out the doctrinal intricacies of the test. 38 0 obj FL endobj ��*�Ҽ����h���|�:~����Hk� r�n�j[���E{������m��N9=��ma�����eZ5�"���4�9�LЏ设/ ����&l���ߥ�i�d�����!1������I�1���A endobj The attorney also won’t just be there the day of your sign up, but all throughout the process as needed. endobj A superseding cause is an unforeseeable intervening cause. 16 0 obj The intervening cause must occur between the defendant’s negligent act and the plaintiff’s injury, and it must have caused injury to the plaintiff. The court said that the original negligent actor might still be liable if the intervening cause is foreseeable. That is, it was not an intervening act. Therefore the drunk driver was liable for injuries caused by the fourth driver. A constant source of help for your family in times of need, we’re available 24/7 in person, by phone and video conference. Is the drunk driver’s negligence the proximate, or direct, cause of the damage to the second and third cars, or is the fourth car’s failure to stop an independent intervening cause that broke the chain of causation? An independent intervening cause is one that operates on a condition produced by an antecedent cause but in no way resulted from that cause. Carolyn is an amazing paralegal, After been ditched from another law Contact a Miami personal injury attorney at The Pendas Law Firm today for a free consultation if you were injured because of another person’s negligence. An independent intervening cause arises through no fault of the defendant. <> The court held that it wasn’t foreseeable that the other driver would act this way, and found that the Department of Transportation and railroad company (which failed to keep the tracks clear of puddles) were not responsible for the plaintiff’s injuries. ]"���Et���8��h�Be,������5� ��w�&�G���g�{���*A�|�ݷ�)�%�a}=��#X|�iD�����X��w�8��~b9S�a3*&�bղ�Kd`CP�x3&��=����.A�Ah9��N.�C�)�1C�uЙ*]��D�SZ���A0��\�˶H�k`N�0�o�����$f(��"f�M�WVy�Xb�‷��h�¸$�I6��g��!ZZ9��d>��xW&�+h�|/��Jz��g�؇ k@�F�+�F_G����NVɥ�s�z[�Pݤ%�� Dependant intervening causes are set in motion by the defendant and will usually not relieve the defendant of liability unless it is an extraordinary response. 718 (A.B.R. Because the values of the dependent variable are caused by, and depend on the independent variable, the dependent variable is also called the outcome variable. and how we can fight back against the highly-paid defense lawyers who want to unfairly ruin your case An independent intervening cause is an act or event (by a party other than the defendant) that happens after the negligent act and injures the plaintiff. If the intervening cause is strong enough to relieve the wrongdoer of any liability, it becomes a superseding cause. Fort Myers, This is by definition very rare. I truly recommend Pendas!” These mostly concern the crucial idea of an intervening cause. 58 0 obj <>/Border[0 0 0]/Contents(http://www.law.indiana.edu/lawlibrary/index.shtml)/Rect[408.5163 111.3047 408.5163 124.1953]/StructParent 10/Subtype/Link/Type/Annot>> In other words, your injury wouldn’t have happened but for the negligent act. %PDF-1.7 %���� N�*�������:O���֞\D�"o�ߎ�ٞ-"�C)��7���/J4Q*&|�y��"։��ga_�q6T2�^���b�(���Q]�Y�M�M�Z4gBR�RA��c�ڍ\*T��|Mp+ǀ���\�x�fk�dzv�4*�K�M'4���������K\���i�=���.sZ����ly��tIN�f��iY��� ���f�����`?Tϫ�z�v��eX������k3��r��詔鹃����&�`�3�"J�z��t��ˤ,k���0k �l�n5��8�M���,f�(���"���u�ey���N�e�2RSQ\�iz��-%�Ѿ� �'�a���c�k�G�')&�`���B�?�4MG+���Y71B��]�V�վ��Z�G%͖�]��;�`t�FHٜ����(��)��j����瀞�H�n���fy�Y�:Yuj�X)3a�� �ǩ֐%����4��_�U���\N�6Z�ہ�$gC_����H���M�+�,��`-DoS���]'���ך1�Sw�g�������Ջv�I'j�� ����������)]/Filter/FlateDecode/Height 59/Length 7911/Subtype/Image/Type/XObject/Width 420>>stream - Tampa -, “5 stars for these guys! I was very happy with our recovery. endobj That driver turned around and drove straight toward the plaintiff’s car, going 40 miles per hour. An independent intervening force is one that operates upon the situation created by the defendant’s negligence, but which is not a direct response or reaction to the negligence. endobj Ocala, Example. floridasupremecourt.org/civ_jury_instructions/formerInstructions.shtml#causation, “I'm very happy with this firm... Joel is an excellent attorney and 33603, Phone: 813-800-0000 Facsimile: 239-689-1548, 500 South Australian Ave.Suite 616 An independent intervening cause can be reckless or intentional misconduct or negligence. <>3]/P 6 0 R/Pg 9 0 R/S/Link>> 27 0 obj The dependent variable is the effect.