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”
No comments:
Post a Comment