M Civ JI 15.06 Intervening Outside Force (Other Than Person)

If you decide that [ the defendant / one or more of the defendants ] [ was / were ] negligent and that such negligence was a proximate cause of the occurrence, it is not a defense that [ description of force ] also was a cause of this occurrence.

*(However, if you decide that the only proximate cause of the occurrence was [ description of force ], then your verdict should be for the [ defendant / defendants ].)

Note on Use

M Civ JI 15.03 is the proper preface to this instruction.

*The paragraph in parentheses should be given only if there is evidence that the outside force may have been the sole proximate cause.

In the blanks, insert a description of the force, as for example flood, fire or wind.

Comment

As to the possibility of more than one proximate cause and the liability of a single defendant when more than one such cause existed, see authorities in Comments to M Civ JI 15.03 and 15.04. Defendant is relieved from liability if the outside force was the sole proximate cause of the injury. See Tobin v Lake Shore & M S R Co, 192 Mich 549; 159 NW 389 (1916). However, defendant is not relieved from liability where the outside force aggravates the damage resulting from defendant’s negligent conduct. Lillibridge v McCann, 117 Mich 84; 75 NW 288 (1898).