McMillian v. Vliet

This is a wrongful death action initiated to recover damages for the death of Arthur McMillian, which resulted from the accidental discharge of State Police Trooper James Vliet’s revolver while Vliet was in the process of arresting McMillian following a high-speed automobile chase. We are asked in this case to review the factual finding of the trial judge, after a two-day bench trial, that, notwithstanding the negligence of the defendant, the decedent’s own conduct was the sole proximate cause of his death. Our review leaves us convinced that the trial court’s finding is clearly erroneous.

I

On…