E-Z Mart Stores, Inc. v. Havner

I dissent. The evidence was sufficient to support the jury’s verdict on proximate cause. Cause in fact was established by sufficient circumstantial evidence and sufficient expert testimony, and foreseeability was not in issue. The majority opinion failed to apply the proper standards in three respects: (1) the proper standard concerning inferences, (2) the proper standard concerning expert witnesses, and (3) the proper standard in considering all of the evidence.

THE PROPER STANDARD CONCERNING INFERENCES

When there are possible conflicting inferences and conclusions, it is the function of the…