Primus v. City of Hot Springs

A careful and exhaustive examination of the record convinces me that the plaintiff failed to establish any causal connection between the defendant’s, City of Hot Springs, alleged negligence and the injury and subsequent death of the deceased. Since proximate cause cannot be presumed from the mere happening of the accident, but like any other essential element, must be established in some manner, either by direct or circumstantial evidence, and since the plaintiff wholly failed to meet the essential requirements, the trial court properly dismissed plaintiff’s complaint. Transgard v. Atchison,…