http://www.erieblogs.com/2008/04/16/erie-pa-news-and-events-for-wednesday-april-16-2008 ErieBlogs.com Tue, 03 Jan 2012 13:53:43 +0000 hourly 1 http://wordpress.org/?v= http://www.erieblogs.com/2008/04/16/erie-pa-news-and-events-for-wednesday-april-16-2008#comment-1530 withheld Wed, 16 Apr 2008 15:52:24 +0000 http://www.burghblogs.com/2008/04/erie-pa-news-and-events-for-wednesday-april-16-2008/#comment-1530 You are right that there are two types of causation, but remember that both have to be taken together. You cannot have have direct cause then no proximate cause, or vice versa. The causal chain cannot go on forever. In this case, it would depend on the condition of the victim between the beating and the death. Did he recover from his injuries before he died? Did the injuries directly cause his stroke? If I were in Brad Foulk's shoes, I'd still make the case that the stress of the situation never subsided and proximately led to this man's death. You just have to hope that the judge or jury sees the connection. You are right that there are two types of causation, but remember that both have to be taken together. You cannot have have direct cause then no proximate cause, or vice versa. The causal chain cannot go on forever.
In this case, it would depend on the condition of the victim between the beating and the death. Did he recover from his injuries before he died? Did the injuries directly cause his stroke?
If I were in Brad Foulk’s shoes, I’d still make the case that the stress of the situation never subsided and proximately led to this man’s death. You just have to hope that the judge or jury sees the connection.

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