Did Lennie cause the first officer's death? Distinguish between proximate cause and cause in fact. Are there any intervening causes? If so, are they superseding? Explain in detail every argument that could help Lennie and every argument that the prosecution is likely to use against him using only the concepts you learned in class.
To determine the question of Lennie's liability it is essential to take a hard look at the full measure of his conduct. Obviously, Lennie did not perform the act that resulted in the officer's death, that is, he did not actually throw the dart that struck the office but there is a question as to whether or not his actions can be considered an intervening cause.
Proximate cause or cause in fact must ordinarily be elements of proof in all personal injury actions. In negligence actions, the plaintiff must establish essentially four elements: 1) duty; 2) Breach of duty; 3) Causation; and 4) Damages. Obviously cause in fact and proximate cause are part of the causation element.
Cause in fact occurs when the defendant's action is the actual result of the plaintiff's injury (Stapleton, 2011). The presence of this element can ordinarily, but not always, be determined by asking the "but for" question, that is, by asking whether or not but for the defendant's negligence the plaintiff would not have been injured. Meanwhile proximate cause refers to the foreseeability of the plaintiff's injuries. If plaintiff's injuries are remote or far removed from the