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0614 If the likelihood that a third person may act in a particular manner is one of the hazards that makes defendant's conduct negligent, the third person's act does not prevent defendant's negligence from being a proximate cause of the harm that results; if supported by substantial evidence, a jury's apportionment of fault should not be disturbed unless it shocks the conscience.CitationROSH v CAVE (The Terminator) 26 CA4 1225 [See: Nola M v USC 16 CA4 421, T/AT 8/93; Pamela B v Hayden 25 CA4 785, T/AT 7/94; Rest2 Torts 449]
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