Busta Ex Rel. Busta v. Columbus Hospital Corp.

I concur in the majority’s opinion on Issues 1, 2, and 4, but write separately to dissent on Issue 3.

I disagree with the majority’s holding that the District Court’s failure to instruct on proximate cause was harmless error. I am convinced that the failure to define proximate cause for the jury was reversible error. In fact, the jury received no instructions at all which defined causation. Furthermore, I disagree with the majority’s analysis of foreseeability as applied to proximate cause and therefore dissent from the majority’s decision to overrule the requirement in Kitchen Krafters v.…