Leslie Smith, as Personal Representative of the Estate of Marcus D. Smith v. Rosalinde Minier, as Personal…

Summary

The Court held that conflicting expert testimony created a genuine issue of material fact regarding whether Marcus Smith’s acute liver failure and death were foreseeable consequences of injuries sustained in a motor-vehicle accident. It further held that whether Smith’s misuse of prescribed pain medication constituted an intervening or superseding cause was for the jury, making partial summary judgment improper. The Court affirmed the Court of Appeals, reversed the circuit court, and remanded for further proceedings.