Baca v. Helm

NEIGHBORS, Justice,

specially concurring:

I concur in the majority’s conclusion that the case be remanded to the referee for the purpose of clarifying the findings and to make additional findings, if necessary or appropriate. However, I disagree with the *479majority’s analysis of the issues of eviden-tiary versus ultimate fact and cause versus proximate cause. In my view, the court should make a determination that causation is either an evidentiary or an ultimate fact. The court’s conclusion that “causation may in certain circumstances be an ultimate fact and in others an evidentiary fact,” at…