Mitchell v. Gonzales
Supreme Court of California
819 P.2d 872 (1991)
Twelve-year-old Damechie Mitchell, who could not swim, drowned after his friend Luis rocked and tipped a paddleboard on a lake and then pushed Damechie away rather than helping him, while Luis's parents, Jose and Matilde Gonzales (defendants), were unaware the boys had taken the paddleboard onto the water. At trial in the Mitchells' (plaintiffs) negligence suit, the court gave the Gonzaleses' requested "proximate cause" jury instruction (BAJI No. 3.75) rather than the Mitchells' requested "substantial factor" instruction (BAJI No. 3.76); the jury found the Gonzaleses negligent but, by an overwhelming margin, found that negligence did not cause Damechie's death, and the Mitchells appealed.
Whether, in a negligence action, the court may give an instruction that leads the jury to believe liability depends on the causal act nearest to the injury in space and time.