Tubbs v. Argus - they made the accident happen or let it...

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
Tubbs v. Argus Fact: Operative Facts: A driver and a passenger was on a road, when the driver suddenly crashed the car into a tree. The driver and the passenger were injured, however, the driver (owner of the car too), took off running from the scene. The passenger obtained more injuries because help was not called, and because the passenger was just left there. The passenger is suing for actionable negligence. Issue: Whether the driver has a duty to the passenger to help them. Rule: If a person causes, or is in control of the instrument that causes the injuries on another, then they have a duty to prevent more injuries to the other that they were in fault of the injury for. Rational: After looking at a few other cases and authorities, the court held that the driver did have a duty to the passenger because the driver was the one that caused the accident, and it was their car, and since
Background image of page 1
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: they made the accident happen, or let it happen, they had a duty of care to the passenger (to call for help). Holding: Broad: When a plaintiff is with the defendant during an incident, and plaintiff had a controlling factor in the incident, and to help the defendant, there is relatively small efforts needed to be made, and it would not endanger the plaintiff, then the plaintiff has a duty to aid the defendant. When a person commits injury on another, or their instrument caused an injury on another, they have a duty to prevent future injuries, or render reasonable aid and assistance. Narrow: There is no duty to warn unless the driver was responsible for the injury of his passengers, and if he was able to and if the effort needed to be made to rescue his passenger was relatively small. Synthesis: Dissent/Concurrences:...
View Full Document

{[ snackBarMessage ]}

Ask a homework question - tutors are online