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Sotomayor v. TAMA I7/12/2005
ircumstances, we held that the case was properly submitted to the jury. The proximity of the parking lot to the ordering window and the probative expert testimony concerning the curbing distinguish Lewis from the instant case. Here, the expert relied on highway design standards, and his testimony based thereon was not probative.
3. Finally, the Sotomayors argue that Suarez's conduct was a concurrent proximate cause, and not an intervening cause, of the child's death. We do not reach the issue of proximate causation because the landlord was not negligent. Courts should not venture into the metaphysical thicket of proximate cause until and unless negligence and cause-in-fact have been established.
Judgment affirmed. Andrews, P. J., concurs. Phipps, J., concurs in judgment only.
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