Luis v. Church of St. Angela Merici

The facts are fully set forth by our dissenting colleague and I shall confine this writing to the law involved.

It is settled law that the issue of proximate cause presents a question of fact for the jury and, of course, must be decided on the particular facts of each case. As was said by the court in Selleck v Board of Educ. of Cent. School Dist. No. 1 (276 App Div 263, 267):

"Whether the failure of the defendants in these respects was a proximate cause of the accident is an issue over which reasonable minds might differ, and hence an issue of fact arose which was for the jury to resolve.”

In…