DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Martini v. Post, 178 Wash. App. 153 (2013)

Citation
Martini v. Post, 178 Wash. App. 153 (2013)
Parent Document
Martini v. Post, 178 Wash. App. 153 (2013)
Jurisdiction
Washington (state)
Effective Date
2013-11-26
Original Source
https://www.courtlistener.com/opinion/4954189/martini-v-post/ ↗

Other Sections in This Document (58)

Full Text

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¶26 Proximate cause has two elements: cause in fact and legal causation. Hartley v. State, 103 Wn.2d 768, 777, 698 P.2d 77 (1985). Here, the trial court decided summary judgment based on cause in fact. Cause in fact, or “but for” causation, refers to the '‘physical connection between an act and an injury.” Hartley, 103 Wn.2d at 778. The plaintiff “must establish that the harm suffered would not have occurred but for an act or omission of the defendant.” Joyce v. Dep’t of Corn, 155 Wn.2d 306, 322, 119 P.3d 825 (2005).