N.J. Supreme Court Won't Hear Appeal of Proximate Cause Instruction

TRENTON, N.J. - The New Jersey Supreme Court has refused to hear the appeal of a decision by the appellate court to uphold the use of a jury instruction basing the determination of proximate cause on whether a single defendant's asbestos product had independently caused the injuries alleged by the plaintiff. Kelleher v. Okonite Cable Co., et al., No. 742173 (N.J. Sup. Ct.).

In a brief order issued Sept. 10, Chief Justice Deborah T. Poritz said she would not hear the dispute, thus affirming a verdict in favor of the defense and ending a decade-long dispute involving more than a …