Commerce Bank v. First Union National Bank

In Commerce Bank v. First Union National Bank, 2006 PA Super 305, 911 A.2d 133 (Pa. Super. 2006), the Superior Court explained that Proximate causation is defined as a wrongful act which was a substantial factor in bringing about the plaintiffs harm. Proximate cause does not exist where the causal chain of events resulting in plaintiff's injury is so remote as to appear highly extraordinary that the conduct could have brought about the harm. Proximate cause is a question of law to be determined by the court before the issue of actual cause may be put to the jury. A determination of legal causation, essentially regards whether the negligence, if any, was so remote that as a matter of law, the actor cannot be held legally responsible for the harm which subsequently occurred. Therefore, the court must determine whether the injury would have foreseen by an ordinary person as the natural and probable outcome of the act complained of. The following considerations are in themselves or in combination with one another important in determining whether the actors actor is a substantial factor in bringing harm to another: (a) the number of other factors which contribute to producing the harm and the extent of the effect which they have in producing it; (b) whether the actor's conduct created a force or a series of forces which are in continuous and active operation up to the time of the harm, or has created a situation harmless unless acted upon by other forces for which the actor is not responsible; (c) lapse of time. Commerce Bank, 911 A.2d at 141 (Pa. Super. 2006)