NOTE TO JUDGE:
This charge is designed to address the more complex case where a defendant's (or a party's) negligent conduct combines with other causes that lead to the plaintiff's injury (or harm). Conklin v. Hannoch Weisman, 145 N.J. at 417; Camp v. Jiffy Lube 114, 309 N.J. Super. at 309. However, the present charge is not intended to address those causes where there is an issue as to: (1) the foreseeability of the injury or harm; or (2) an intervening or superseding cause. The trial judge should employ MCJC 7.13 for cases where the foreseeability of the injury or harm is an issue. Depending upon the facts of the case, MCJC 7.14 should be used in conjunction with MCJC 7.12 or 7.13 if there is an issue as to intervening or superseding causes.
To find proximate cause, you must first find that the [name of defendant or other party]'s negligence was a cause of the accident/incident/event. If you find that [name of defendant or other party] is not a cause of the accident/incident/event, then you must find no proximate cause.
Second, you must find that [name of defendant or other party]'s negligence was a substantial factor that singly, or in combination with other causes, brought about the accident/incident/event or injury/loss/harm claimed by [name of plaintiff]. By substantial, it is meant that it was not a remote, trivial or
inconsequential cause. The mere circumstance that there may also be another cause of the accident/incident/event or injury/loss/harm does not mean that there cannot be a finding of proximate cause. Nor is it necessary for the negligence of [name of the defendant or other party] to be the sole cause of accident/incident/event or injury/loss/harm. If you find that [name of defendant or other party]'s negligence was a substantial factor in bringing about the accident/incident/event or injury/loss/harm, then you should find that [name of defendant or other party]'s negligence was a proximate cause of the accident/incident/event or injury/loss/harm.
--------------------------------------------------------------------------------
Model Civil Jury Charges
