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
- Fall '11