Garcia v. Windley

BURDICK, Justice.

Appellant Maria Garcia appeals a denial of summary judgment and the use of an alleged erroneous jury instruction given on proximate cause. We decline to review the denial of summary judgment and hold that the proximate cause jury instruction was erroneous. We reverse and remand to the district court for further proceedings consistent with this opinion.

I. FACTUAL AND PROCEDURAL BACKGROUND

On November 24, 2001, a ear accident occurred between Appellant Maria Garcia and Respondent Jay Windley in which Windley’s vehicle struck Garcia’s vehicle from behind. Garcia filed a personal…