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Torts Keyed to Miller
Slocum v. Donahue
Citation:44 Mass. App. Ct 937, 693 N.E. 2d 179 (1998)
The Slocums (Plaintiff) lost their child in a motor vehicle homicide by Donahue (Defendant). Donahue pled guilty to motor vehicle homicide in the death of the Slocums’ son after admitting that he was drinking alcohol from a bottle he kept under the driver’s seat prior to the accident. Plaintiff filed a negligence claim. Defendant filed a cross-claim against Ford Motor, arguing that a defective floor mat that got stuck under the throttle had caused the power breaks to fail while Donahue was backing out of his driveway and hitting the plaintiff’s son. The trial court entered summary judgment in Ford’s favor.
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Topic Refresher CourseNegligence: Joint Tortfeasors, Identification and Contribution