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New York Court of Appeals - 51 N.Y.2d 308
This case involves a motor vehicle operator who suffered an epileptic seizure and crashed into an excavation site, causing severe injuries to a worker and damaging a kettle of boiling liquid enamel. The plaintiff argued that the defendant was negligent in ensuring worker safety at the excavation site. The Supreme Court and Appellate Division ruled in favor of the plaintiff, stating that there was no evidence of a superseding cause breaking the nexus between the defendant's negligence and the plaintiff's injury. The plaintiff presented a traffic safety expert to support his claim of an unsafe work site. The trial court charged the jury that the violation of a Mount Vernon ordinance by Con Ed, the permittee, could be considered as evidence of negligence. The jury found for the plaintiff, apportioning liability at 55% for the defendant, 35% for another party, and 10% for Con Ed. The defendant argues that there was no causal link between their breach of duty and the plaintiff's injuries, which were caused solely by the negligence of the other party. The concept of legal cause, also known as proximate cause, is difficult to define and varies depending on the case. Liability depends on whether the intervening act is a normal or foreseeable consequence of the defendant's negligence.
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