Court splits on rescue doctrine in cab attack

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted December 13, 2021 12:16 PM

(This is part one of a two-part series. Part two will be published on Tuesday.)The Restatement (Third) of Torts: Liability for Physical and Emotional Harm (2010) criticizes the familiar phrase “proximate causation” as a “poor one to describe limits on the scope of liability.” As a replacement, Sec. 29 of the third restatement says: “An actor’s liability is limited to those harms that result from the risks that made the actor’s conduct tortious.”And Sec. 32 provides a special …

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