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Tuesday, June 17, 2014

5/20/2014 Komlodi v. Picciano, M.D. (A-13-12; 071301)

5/20/2014
Komlodi v. Picciano, M.D. (A-13-12; 071301)
The trial court erred in providing a preexisting condition jury charge under the circumstances of this case and, even if the Scafidi charge were appropriate, it suffered from multiple defects. The trial court was correct to charge the jury on avoidable consequences and superseding/intervening causation, and not comparative negligence, but improperly referenced “but for” causation in its instruction on proximate cause. Throughout the causation charge, the trial court failed to tailor the complex concepts of causation to the theories and facts advanced by the parties.