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Wild Wild West Social Club6/23/2000
iven number of opportunities, that predictability alone does not establish that the event is foreseeable. To be foreseeable, an act must be both probable and predictable. A foreseeable event need not be more probable than not, but the event must be so likely to occur that a reasonable person would consider it in conducting his or her affairs. In reaching your verdict and applying the Court's instructions, you must apply the meaning of foreseeability which the Court has given you and not any different meaning."
I do not believe that it was probable that Graham would strike Morrison after Morrison was evicted from the club, or that Graham's injuring Morrison was so likely that a reasonable defendant would have considered it in the course of providing security outside the club. For that reason, I dissent.
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