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Rudolph v. Arizona B.A.S.S. Federation Aka Arizona Bass Angler''s Sportsmen Society Chapter Federation Inc.6/29/1995
standard of care.
C. Proximate Cause
Defendants lastly argue that, even if there is some evidence of their negligence, the record lacks any evidence from which a jury could conclude that their conduct proximately caused Heather's injury . They contend that Allen's testimony that he and Kirkland were not racing to the weigh-in station, and that he did not believe his fish was in contention for any prizes, was undisputed and dispositive. Again, we disagree.
In a negligence action, the plaintiff must show a reasonable connection between the defendant's act or omission and the plaintiff's injury or damages. Robertson v. Sixpence Inns of America, Inc., 163 Ariz. 539, 546, 789 P.2d 1040, 1047 (1990). "The defendant's act or omission need not be a 'large' or 'abundant' cause of the injury ; even if defendant's conduct contributes 'only a little' to plaintiff's damages, liability exists if the damages would not have occurred but for that conduct." Id. (citing Ontiveros, 136 Ariz. at 505, 667 P.2d at 205). To establish proximate cause, a plaintiff "need only present probable facts from which the causal relationship reasonably may be inferred." Id. See also Wisener v. State, 123 Ariz. 148, 150, 598 P.2d 511, 513 (1979) (stating that the plaintiff need not negate entirely the possibility that the defendant's conduct was not a cause). The question of proximate cause is usually a question of fact for the jury. Robertson, 163 Ariz. at 546, 789 P.2d at 1047.
Allen's testimony that he and Kirkland were not racing to the weigh-in station is not undisputed. The record shows that Kirkland's boat was about four miles from the weigh-in station and headed towards it at a speed in excess of forty miles per hour. The bass caught by Allen was in the holding tank of the boat, and Allen had previously won a tournament prize with a slightly smaller fish. From these facts, reasonable jurors could conclude that, despite Allen's testimony, the men were speeding to the weigh-in station to beat the 1:00 deadline so that they would not be penalized or disqualified.
The facts that GCBB chose a crowded lake for its tournament, set up its weigh-in station at a congested area, and ended the tournament at a busy time of day could have contributed to Heather's death by arguably causing Kirkland to be racing to the weigh-in station when his boat collided with Heather's jet ski. The evidence presented by plaintiffs, therefore, provides a reasonable basis for a jury to conclude that defendants' conduct was a causative factor in Heather's death.
Conclusion
We conclude that defendants owed a duty to Heather to exercise due care in designing and conducting the fishing tournament. We further conclude that the record contains sufficient evidence of disputed facts on the alleged breach of the standard of care and on proximate cause to submit those issues to the trier of fact. Accordingly, we reverse and remand for further proceedings consistent with this opinion.
Sheldon H. Weisberg, Judge
CONCURRING:
Noel Fidel, Presiding Judge
William F. Garbarino, Judge
Page 1 2 3 4 5 Arizona Personal Injury Attorneys
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