Chapter 15-1 Sole Proximate Cause

• Jurisdiction: United States

15-1 Sole Proximate Cause

The sole proximate cause instruction is given if the occurrence at issue is caused by a person who is not a party to the suit.⁵ The Texas Supreme Court in Dillard v. Texas Electric Cooperative defined "sole proximate cause" as follows: "There may be more than one proximate cause of an event, but if an act or omission of any person not a party to the suit was the 'sole proximate cause' of an occurrence, then no act or omission of any other person could have been a proximate cause."⁶ Furthermore, a person's conduct does not have to be negligent to be the sole proximate cause.⁷

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Notes:

^[5] Dillard v. Tex. Elec. Coop., 157 S.W.3d 429, 432 (Tex. 2005).

^[6] Dillard v. Tex. Elec. Coop., 157 S.W.3d 429, 431 (Tex. 2005).

^[7] Tex. PJC 3.2; Plemmons v. Gary, 321 S.W.2d 625, 626 (Tex. Civ. App.—Beaumont 1959, orig. proceeding).