Tuesday, September 25, 2012

Fredericks v. Castora (1976) (Π wants higher standards for truck drivers)


a.       Facts- Π is a driver, while Δs are truck drivers. Π and Δs get into a car accident. Π sues Δs for negligence. When Trial Ct finds for Δs, Π appeals and argues that truck drivers should be “held to a higher standard” because of their higher skill level.
b.      Procedural History- Trial Ct found for Δs Π appealed, Ct of appeals affirmed
c.       Issue- Whether a driver should be held to a higher standard considering the length and nature of their driving experience
d.      Holding- No, a driver should NOT be held to a standard that considers the length and nature of their driving experience
e.       Rule- There is only one standard of care when concerned with drivers, reasonably prudent person
f.       Rationale-
                                                              i.      If we tailored the standard of care specific to every individual, we would be unable to apply a reasonable uniform standard
                                                            ii.      Applying the current standard (reasonable person) is difficult enough
                                                          iii.      The only standard of care is that of a reasonably prudent person
g.      Notes-
                                                              i.      “Care does not increase or diminish by calling it names”

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