Probst v. Holland

SPECIAL TERM OPINION

WOZNIAK, Chief Judge.

FACTS

Respondents Probst sought damages arising from an accident involving petitioner David Holland. Holland argued that brake failure was a superseding cause of the accident. The jury found that Holland was negligent but not the direct cause of the accident. The trial court found “it was a fundamental error of law to instruct the jury on superseding causes,” and granted a new trial. Holland simultaneously filed this petition for discretionary review and a direct appeal (Cl-89-892).

DECISION

I

Petitioner’s counsel indicates discretionary review is sought…