Jones et al v. Detroit Medical Center et al.

Supreme Court Grants to Consider Whether Proximate Cause Can be Summarily Determined Prior to Establishing Defendant's Negligence!

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Attached is the order granting leave to appeal in Jones et al v DMC et al. The Court has asked the parties to address whether a trial court can legitimately enter partial summary judgment in favor of a plaintiff on proximate cause when the negligence of the defendant has not been established and whether "the probability of injury" is a proper consideration in determining "proximate causation". Interesting; it seems that a majority of the Court would want to reverse; the proximate causation is an integral part of the duty, breach, cause, harm analysis in analyzing an ordinary tort claim, or so the Court has held in past. Thus, the primary inquiry cannot be bifurcated or removed from the consideration of whether or not the defendant can be held liable in negligence. If anyone has any questions regarding this case, please do not hesitate to contact me. Thanks, Carson Tucker

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Law Offices of Carson J. Tucker, JD, MSEL on:

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