Julian D. Ehrlich, Senior Vice President Claims for Aon Construction Services Group writes: Until there is agreement on whether sole proximate cause is a jury question, more split decisions, reversals, and appeals can be expected along with an acute uneasy sense that outcomes are determined by the draw of the judge or panel.
September 14, 2015 at 12:00 AM
1 minute read
PJI 2:217.2 Injured Employee–Action Under Statute Imposing Absolute Liability states in part: “The defendant is not liable to the plaintiff if the plaintiff’s conduct was the sole cause of his accident.”
This pattern jury instruction is based upon the Court of Appeals decision in Cahill v. Triborough Bridge & Tunnel Auth., 4 N.Y.3d 35, 39 (2004) which stated “where a plaintiff’s own actions are the sole proximate cause of the accident, there can be no liability” under Labor Law §240.1
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