Opinion
No. CV06-5000596-S
December 21, 2007
MEMORANDUM OF DECISION RE DEFENDANT'S MOTION FOR SUMMARY JUDGMENT
"[T]he test of proximate cause is whether the defendants conduct is a substantial factor in bringing about the [victim's] injuries." (Internal quotation marks omitted.) Id. To that end, [t]he question of proximate causation generally belongs to the trier of fact because causation is essentially a factual issue . . . It becomes a conclusion of law only when the mind of a fair and reasonable [person] could reach only one conclusion; if there is room for a reasonable disagreement, the question is one to be determined by the trier as a matter of fact." (Citations omitted; internal quotation marks omitted.) Stewart v. Federated Dept. Stores, Inc., 234 Conn. 597, 611, 662, A.2d 753 (1995).
In accordance with Section 442B of the Restatement (Second) of Torts, our Supreme Court has stated that "foreseeable risks" can include the criminal acts of third parties. Doe v. Manheimer, 212 Conn. 748, 767, 563 A.2D 699 (1989). Dorothy Alexander, Admx. et al. v. Town of Vernon et al., 101 Conn.App. 477; 923 A.2d. 748 (2007).
Although the plaintiffs' burden of proof is substantial, there appears to be genuine issues of material Fact and therefore the defendant's motion for summary judgment is denied.