Torts Keyed to Dobbs
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Stewart v. Motts
Facts
Plaintiff stopped at Defendant’s auto repair shop to assist in repairing a car’s fuel tank. The tank was unattached, and Plaintiff suggested pouring gasoline into the carburetor in an attempt to start the vehicle. The car backfired, and in the ensuing explosion Plaintiff suffered severe burns. At trial, Plaintiff requested a jury instruction directing the application of a standard of a “high degree” of care in instances of elevated danger. The judge declined, the jury found for Defendant and Plaintiff appealed.
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