Pipher v. Parsell

Facts

Parsell, Pipher, and Beisel were traveling in Parsell’s pickup truck along a Delaware highway one evening. All three teenagers sat in the front seat while Parsell drove at a speed of 55 miles per hour. During the trip, Beisel unexpectedly grabbed the steering wheel and caused the truck to veer onto the shoulder of the road. Parsell regained control of the truck, but otherwise did nothing in response to Beisel’s actions. Approximately thirty seconds later, Beisel grabbed the steering wheel again. The truck veered off the roadway, slid down an embankment, and struck a tree. Pipher was injured as a result of the accident. At trial, Parsell admitted that he could have done more to prevent Beisel from grabbing the steering wheel a second time. The trial judge ruled that Parsell had no duty after Beisel grabbed the steering wheel the first time because it was reasonable to assume that Beisel would not do it again. Additionally, the judge ruled that Parsell’s failure to admonish or discharge Beisel from the truck was not negligence. Pipher appealed to the Supreme Court of Delaware, arguing that the trial court erred by holding that Parsell was not negligent.