and that he acted alone in pulling the trigger. The affiants also indicated that there were no heated discussions between Mr. Cool and any other persons prior to the firing of the fatal wound by Mr. Cool. The depositions of Ms. Wilkins and Mr. Coffinbarger also assert that Mr. Cool was acting alone as he pulled the trigger. 2 . The Appellant bases this speculation primarily upon evidence of holes in the kitchen wall behind the seat occupied by the decedent immediately prior to his death. The Appellant submits that such holes indicate a possible struggle of some sort. Christopher Coffinbarger testified during his deposition, however, that he struck the wall with his fists in frustration after the decedent lulled himself. 3 . See Lennon v. Pieper, 411 N.W.2d 225, 228 (Minn.Ct.App.1987) (<HOLDING>). 4 . One night prior to his death, the insured
holding that the intervening act breaks the chain of causation set in operation by a defendants negligence thereby insulating his negligence as a direct cause of the injury holding that negligence must be the proximate cause of injury holding that the basis of liability is negligence and not injury holding that in negligence actions florida courts follow the more likely than not standard of causation ie they require proof that the negligence probably caused the plaintiffs injury holding that citys negligence in determining the legal status of plaintiffs property wasnt negligence in the operation of the storm drain that city installed on that property because citys negligence was unrelated to actual operation of storm drain