Date: Thu, 15 Feb 2007 11:29:42 -0600

From: Richard Wright

Subject: Loss of chance

See pages 1049-77 of my article at 73 Iowa LR 1001 (1988), although since 1990 I have rejected the argument made therein for treating "risk exposure that possibly caused the subsequent injury" as a "new legal injury" and have instead viewed liability in all these uncertain-causation cases as being based on second-best causation doctrines. More discussion of all this will appear in several papers (hopefully) forthcoming this year.

-----Original Message-----
From: Robert Stevens
Sent: Thursday, February 15, 2007 10:23 AM
To: Wright, Richard
Subject: RE: ODG: Loss of chance

Professor Wright wrote:

requiring the formation of a minimal belief in the truth of the matters asserted based on particularistic evidence that establishes the instantiation or non-instantiation on the particular occasion of the causal generalization(s) at issue.

OK, but I think I'll need to have it explained more fully what that means before I can assess it.

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