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People v. Kibbe
The New York Penal Law does not have a statutory provision addressing proximate causation. So it is left to courts to determine what it means to, for example, "cause the death of another persion." NYPL 125.25.
In People v. Kibbe, the New York Court of Appeals confronts this question in a homicide case with facts that bear some similarity to Rideout (the defendant's culpable cat leaves the victim on the side of the road, the victim later ends up in the middle of the road, where he is strike and killed by a passing motorist). As you read Kibbe consider these questions:
1. Does the Court articulate a standard for proximate causation?
2. Do you think Kibbe and Krall should be held responsible for Stafford's death? Why or why not? Are the concepts of foreseeability, apparent safety, voluntary human intervention, or intended consequences helpful to you in making that determination?
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