D'Angelo v. Guarino

hi respectfully dissent. Whether the alleged unreasonably dangerous condition of this stair is a cause-in-fact of an injury is a question of fact, and the plaintiff has sufficient evidence to proceed to trial.

The plaintiff can meet her burden of proof on the issue of causation by establishing that it is more probable than not that the defect was a proximate cause of her fall. It need not be the only cause. “Proof by direct or circumstantial evidence is sufficient to constitute a preponderance of evidence when, taken as a whole, such proof shows that the fact or causation sought to be proved…