Sullivan v. Welsh

Dillon, P. J., and Green, J. (dissenting).

We respectfully disagree that this case is in a proper posture for a grant of summary judgment dismissing plaintiff’s cause of action for wrongful *947death. It is alleged that on November 21, 1982, decedent sustained injuries in an automobile collision caused by defendants’ negligence, and that "[a]s a consequence of the injuries” he died on August 3, 1984. The death was the result of a suicidal act of the decedent.

It is established that "the act of suicide, as a matter of law, is not a superseding cause in negligence law precluding liability” (Fuller v…