Opinion LUCAS, C. J. In this case we decide whether BAJI No. 3.75, 1 the so-called proximate cause instruction, which contains a “but for” test of cause in fact, should continue to be given in this state, or whether it should be disapproved in favor of BAJI No. 3.76, the so-called legal cause instruction, which employs the “substantial factor” test of cause in fact. 2<…
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