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Torts keyed to Robertson
Buchanan v. Vowell
Facts
One of the defendants began drinking heavily after work and became intoxicated. The defendants agreed they would drive home in tandem, with one defendant following close behind the other, giving directions as needed through the telephone. While the two drove home while on the cell phone with each other, the intoxicated defendant hit the plaintiff as he walked on the edge of the road. The plaintiff suffered multiple fractures and brain damage after being thrown of the hood of the car. One of the defendants moved to dismiss the claim under Federal Rule of Civil Procedure 12 (b)(6) for failure to state a claim, which the trial court granted.
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