section serves

Citation: section serves
Parent Document: Patrick Blanks v. Fluor Corporation (2014)
Jurisdiction: Missouri (state)
Effective Date: 2014-06-17
Original Source: https://www.courtlistener.com/opinion/2678642/patrick-blanks-v-fluor-corporation/ ↗

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Proximate cause requires something in addition to a “but for” causation
       test because the “but for” causation test serves only to exclude items that
       are not causal in fact; it will include items that are causal in fact but that
       would be unreasonable to base liability upon because they are too far
       removed from the ultimate injury or damage.
       …
       Missouri, like many other states, has not applied a pure foreseeability test;
       we have generally said that the injury must be a reasonable and probable
       consequence of the act or omission of the defendant. This is generally a
       “look back” test but, to the extent it requires that the injury be “natural and
       probable,” it probably includes a sprinkling of foreseeability. To the extent
       the damages are surprising, unexpected, or freakish, they may not be the
       natural and probable consequences of a defendant's actions.

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