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Personal Injury & Torts

Dec. 11, 2009

Causation Without Cause

Joshua Traver of Cole Pedroza says CA Civil Jury Instruction No. 430 fails to accurately state the application of two different tests for causation.

By Joshua Traver

Causation in personal injury and property damage cases has long been a perplexing topic. Judicial Council of California Civil Jury Instruction (CACI) No. 430, while a formidable attempt to create a broadly applicable, plain-English causation instruction, falls short of accurately stating California law with regard to this critical issue.

Two different tests have emerged for determining cause-in-fact in most negligence cases - the "but-for" test a...

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