Sandoval

Gilberto Sandoval, Carolina Sandoval, Daniel Sandoval and Samuel Sandoval (together Sandoval), by and through their guardian ad litem Dana Sandoval, appeal a judgment after jury trial favoring defendant Bank of America NT & SA (Bank) on Sandoval’s wrongful death complaint for premises liability negligence. Sandoval contends that with respect to the test of the legal causation element of negligence, the court gave the jury erroneous instructions, a special verdict form containing an erroneous question, and an erroneous answer to the jurors’ written inquiry about such question during deliberation. Concluding the court’s answer to the jury’s inquiry during deliberation was prejudicially erroneous as not comporting with case law bearing on causation, we reverse the judgment.

I

Introduction

While Sandoval’s decedent was walking from the parking lot of the Bank’s North Park branch toward the branch’s office, an unknown man ran up to him, grabbed his briefcase and tried to pull the briefcase away from him. Sandoval’s decedent resisted and a struggle ensued. The assailant then shot Sandoval’s decedent several times. The assailant fled with the briefcase and was never…