The motion court correctly found issues of fact as to whether the alleged improper actions by defendant's employee were a proximate cause of plaintiff's injury. Contrary to defendant's contention, plaintiff's reaction to the alleged misconduct was part of a connected chain of events in a split-second emergency situation, and is therefore distinguishable from the clearly "conscious" choice made by the plaintiff in Clark v Sachem School Dist. (
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
