State v. Fisher, 228 N.C. App. 463 (Aug. 6, 2013)

In this involuntary manslaughter case, the trial court did not commit plain error by failing to instruct the jury that foreseeability was an essential element of proximate cause. The court noted that foreseeability is an essential element of proximate cause. It further noted that a trial court should, as a general proposition, incorporate a foreseeability instruction into its discussion of proximate cause when the record reflects the existence of a genuine issue as to whether the injury which resulted from a defendant’s allegedly unlawful conduct was foreseeable. But on the facts of this case, the court found that no plain error occurred.