Torts Keyed to Prosser
Bierczynski v. Rogers
Facts
The Plaintiffs, Cecil and Susan Rogers (Plaintiffs), brought a negligence action against the Defendants, Race and Bierczynski (Defendants), for a car accident caused by a high speed race Bierczynski and Race were involved in. The evidence showed that Bierczynski and Race came down a hill side by side-by-side at twice the legal limit when they approached Plaintiffs’ car. Race tried to get his car back into the eastbound lane, but lost control and careened into Plaintiffs’ car. Bierczynski remained in the proper lane at all times, and his car never came into contact with the Plaintiff’s vehicle. The jury found that Race and Bierczynski were each negligent and that the negligence of each was a proximate cause of the accident. The defendant Bierczynski appealed the verdict. Race joined with Plaintiffs in upholding the judgment below.
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