Nevada Jury Instructions
WHEN THIRD PARTY’S INTERVENING NEGLIGENCE IS NOT A SUPERSEDING CAUSE
If you find that defendant [(first actor)] was negligent and that his negligence was a substantial factor in bringing about an injury to the plaintiff but that the immediate cause of the injury was the negligent conduct of [ a third person] [defendant (second actor)], the defendant [(first actor)] is not relieved of liability for such injury if:
- At the time of his conduct defendant [(first actor)] realized or reasonably should have realized that [a third person] [defendant (second actor)] might act as he did; [or the risk of harm suffered was reasonably foreseeable]; or
- A reasonable person knowing the situation existing at the time of the conduct of the [third person] [defendant (second actor)] would not have regarded it as highly extraordinary that the [third person] [defendant (second actor)] had so acted; or
- The conduct of the [third person] [defendant (second actor)] was not extraordinarily negligent and was a normal consequence of the situation created by defendant [(first actor)].
NEV. J.I. 4.06
BAJI 3.79
