Gaido v. Weiser

The judgment is affirmed substantially for the “plain error” reason expressed in the majority opinion of the Appellate Division. We agree that “[t]o now reverse this judgment because the trial court on its own did not define proximate cause in terms of ‘substantial possibility’, * * * would also offend fundamentally sound principles of appellate review and would be ‘manifestly unfair to the defendant ... to say nothing of the trial judge.’ ” 227 N.J.Super. 175, 201 (1988) (quoting Rochinsky v. State, 110 N.J. 399, 431 (1988) (Clifford, J., dissenting)).

As the majority of the Appellate…