What is the test for superseding cause?
MultiRegion, United States of America
The following excerpt is from Parsons v. Honeywell, Inc., 929 F.2d 901 (2nd Cir. 1991):
The question of superseding cause itself generally is one for the jury. Derdiarian v. Felix Contracting Corp., 51 N.Y.2d 308, 315, 414 N.E.2d 666, 670, 434 N.Y.S.2d 166, 169-70 (1980). Only in rare instances can the question be decided as a matter of law. Id., 414 N.E.2d at 670, 434 N.Y.S.2d 170. The example given by the Derdiarian court clearly is distinguishable from the case at bar:
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