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Meyer v. State8/9/2002
ximate cause, in the face of conflicting evidence, is ordinarily one for the trier of fact, and the court's determination will not be set aside unless clearly wrong. Stewart v. City of Omaha, supra. We find that the district court was clearly wrong in determining that the pursuit was not a proximate cause of the accident.
The estate also objects to the district court's admission and adoption of Davis' opinion that the pursuit was an extraneous factor that did not affect Poston's actions. Because we find that the court erred in entering judgment for the State, the cause must be remanded for a determination of damages only. Davis' opinion relates to the issue of liability, and it is therefore unnecessary to address this assignment of error.
CONCLUSION
The district court was clearly wrong in finding that the pursuit was not a proximate cause of the accident which resulted in Meyer's death. Therefore, the judgment is reversed, and the cause is remanded for a new trial on the issue of damages.
Reversed and remanded for a new trial on the issue of damages.
Wright, J., participating on briefs.
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