California, United States of America
The following excerpt is from City of Los Angeles v. Shpegel-Dimsey, Inc., 198 Cal.App.3d 1009, 244 Cal.Rptr. 507 (Cal. App. 1988):
In the instant matter, the trial court found, as a matter of law, that defendant's storage of plastic materials in violation of Fire Code section 57.57.20 was not the proximate cause of plaintiff's injuries. Proximate causation, or foreseeability of injury, "may be decided as a question of law only if, 'under the undisputed facts there is no room for a reasonable difference of opinion.' [Citations.] " (Bigbee v. Pacific Tel. & Tel. Co. (1983) 34 Cal.3d 49, 56, 192 Cal.Rptr. 857, 665 P.2d 947.) Accordingly, the question posed is whether there is room for a reasonable difference of opinion as to whether the risk that a fire might vastly and rapidly spread due to
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