Perhaps one of the most slippery concepts the law deals with is proximate cause.  When does a negligent act merely furnish the occassion or condition for an event to occur and when is that negligent act the proximate cause of an injury?

The New York Court of Appeals in Gerrity v. Muthana wrote a short memorandum decision holding that an illegally parked bus was not the proximate cause of the plaintiff’s injury.  In Gerrity, the defendant ran a red light and hit into the plaintiff who, in turn, hit into an illegally parked bus.  As pointed out in the Fourth Department dissenting opinion, it was undisputed that the plaintiff’s injuries resulted from the plaintiff hitting into the illegally parked bus.

The Court of Appeal’s citation to Sheehan v. City of New York, 40 N.Y.2d 496 (1976), clearly indicates that it agreed with the Fourth Department Majority opinion that the illegally parked bus merely furnished the condition of the event, and was not the proximate cause.  Instinctually, we want to say that of course the illegally caused bus caused the accident, but what if that bus wasn’t there and the plaintiff ran into a light post or legally parked car.  Would the result be any different?

Nicole at Sui Generis has another take on the case  (here).  These type of cases are so close, I’m kind on surprised that the decision was disposed of on summary judgment.