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Dodd v. Sparks Regional Medical Center3/2/2005
s that which in a natural and continuous sequence, unbroken by any efficient intervening cause, produces the injury and without which the result would not have occurred. Wal-Mart Stores, Inc. v. Kilgore, 85 Ark. App. 231,148 S.W.3d 754 (2004). This traditional tort standard requires proof that "but for" the tortfeasor's negligence, the plaintiff's injury or death would not have occurred. Ford v. St. Paul Fire & Marine Ins. Co., supra. Proximate causation becomes a question of law if reasonable minds could not differ as to the result. Dodson v. Charter Behavioral Health System, Inc., supra. As applied here, it was appellant's burden to demonstrate that the removal of the doorstop would have prevented Ms. Dodd from committing suicide. See id. In an effort to meet that burden, appellant relies on the deposition testimony of Harold Trisler, the director of nursing, and the affidavit of nurse Mary Ann Spencer. Trisler stated that persons who commit suicide seek privacy to accomplish their purpose, and Spencer stated that she would have removed the doorstop had she known it was there. It is our conclusion that neither statement demonstrates that Ms. Dodd would not have committed suicide had the doorstop not been there. Consequently, we also affirm the summary judgment granted to Sparks.
Affirmed.
Bird J., agrees.
Baker, J., concurs.
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