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MITCHELL v. GONZALES

Docket No. S018678.

54 Cal.3d 1041 (1991)

819 P.2d 872

1 Cal. Rptr.2d 913

JAMES MITCHELL et al., Plaintiffs and Appellants, v. JOSE L. GONZALES et al., Defendants and Respondents.

Supreme Court of California.

December 9, 1991.

Attorney(s) appearing for the Case

COUNSEL

Edward J. Horowitz, Greenberg & Panish and David Greenberg for Plaintiffs and Appellants.

Bodkin, McCarthy, Sargent & Smith and Richard P. Kinnan for Defendants and Respondents.

Rogers, Joseph, O'Donnell & Quinn, Joseph W. Rogers, Susan M. Popik, Richard D. Shively, Thelen, Marrin, Johnson & Bridges, Lee A. McCoy and Curtis A. Cole as Amici Curiae on behalf of Defendants and Respondents.

OPINION

LUCAS, C.J.

In this case we decide whether BAJI No. 3.75,1 the so-called proximate cause instruction, which contains a "but for" test of cause in fact, should continue to be given in this state, or whether it should be disapproved in favor of BAJI No. 3.76, the so-called legal cause instruction, which employs the "substantial factor" test of cause in fact.2

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