Attorney s appearing for the Case Bill D. His claim was merely that the paramedics might not have acted reasonably or with ordinary care. Therefore, a defendant who initiates a high- speed chase may be held criminally responsible for injuries suffered by police officers and other motorists even if it can be demonstrated that the officers or motorists themselves acted negligently.
Title 13 of the Administrative Code often distinguishes between "authorized emergency vehicles" and "vehicles displaying a flashing blue light". Kusmider is correct in asserting that proximate cause is ordinarily an issue for the jury. Of course, in every criminal case the state must establish and the jury must find that the defendant's conduct was the actual cause, or cause-in-fact, of the crime charged in the indictment.
A Appellant, Trial Court No. On appeal, Kusmider does not argue that the trial court's exclusion of evidence relating to proximate cause infringed in any way on the jury's ability to determine actual cause. For example, a defendant who knowingly sets fire to a building will be criminally liable if the owner of property stored in the building is injured or killed after going into the burning building to try to save the property.
His claim was merely that the paramedics might not have acted reasonably or with ordinary care. Kusmider insisted that he was entitled to have the jury consider whether possible negligence by the paramedics constituted an intervening or superseding cause of Villella's death, rendering the gunshot wound too remote to be considered the proximate cause of death.
See also Kusmider v. A confrontation ensued, and Kusmider shot Villella. We note that Judge Johnstone gave Kusmider an ample opportunity to research the proximate cause issue completely, both factually and legally, and to make a full offer of proof.
Boyce, Criminal Law 3rd ed. Court of Appeals of Alaska.
Court of Appeals of Alaska. No more is required for purposes of establishing proximate cause. However, the scope of Kusmider's claim on appeal must be evaluated in light of his offer of proof in the trial court. United States, A.
It must not be assumed that negligence of the [victim] or of another is to be entirely disregarded. A confrontation ensued, and Kusmider shot Villella. Kusmider is correct in asserting that proximate cause is ordinarily an issue for the jury.
The State of Alaska has appealed. Kusmider maintained that the paramedics who transported Villella might have been negligent in failing to restrain Villella's arms. Similarly, the asserted negligence of third parties is no defense. Instead, the law calls the other person's conduct a "superseding" or "intervening" cause of the injury -- meaning that the defendant is excused from liability.
In cases involving death from injuries inflicted in an assault, courts have uniformally held that the person who inflicted the injury will be liable for the death despite the failure of third persons to save the victim. Under 13 AAC Here, testimony that Villella actually died from the gunshot wound was undisputed, and the actual cause of death was not in issue.
Rather, the gist of his claim was that negligence in failing to restrain Villella's arms enabled Villella to disrupt the apparently successful emergency treatment that he had begun to receive. To read the entire case, you must purchase the decision for download.
Case law and commentators agree that, when death is occasioned by negligent medical treatment of an assault victim, the original assailant ordinarily remains criminally liable for the death, even if it can be shown that the injuries inflicted in the assault were survivable; under such circumstances, proximate cause is not interrupted unless the medical treatment given to the injured person was grossly negligent and unforeseeable.
In his reply brief, Kusmider suggests that, if the superior court had permitted him to pursue the issue of proximate cause, he might have been able to establish that the negligent conduct of the paramedics aggravated Villella's original injuries or even inflicted new injuries that were the sole cause of Villella's death.
Kusmider went to Villella's home in Anchorage. In his reply brief, Kusmider suggests that, if the superior court had permitted him to pursue the issue of proximate cause, he might have been able to establish that the negligent conduct of the paramedics aggravated Villella's original injuries or even inflicted new injuries that were the sole cause of Villella's death.
His claim was merely that the paramedics might not have acted reasonably or with ordinary care. Officer Williamson asked Malone to get out of his car; Malone refused.
It does not appear to us that the Department of Public Safety intended to have the application of this right-of-way rule hinge on whether a police department chooses to exercise its option under 13 AAC.
See State v. Soucy, N.H.A.2d() (stating “if some evidence is offered, ․ which is reasonably calculated to provide a reasonable doubt on the issue of causation, it must be admitted and the element of causation, with the supported defense, must be submitted to the jury”).
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State, P.2d — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. See also Kusmider v. State, P.2d(Alaska App. ). Since a defendant's conduct need not be the sole cause of the injury, a defendant will be held accountable for an injury or death resulting from his conduct even though it can be shown that the negligence of some other person also contributed in a substantial degree to.
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