Wednesday, February 22, 2012

Cervelli v. Graves case brief

-personal injury suit
-pick up truck driven into P by cement truck driven by D's employee.

-jury found no negligence on D, P appeals.

-Did court err in instructing the jury that it was not to consider a person's skills in determining whether that person is negligent?


-Although the reasonable man standard provides a minimum standard below which an individual's conduct will not be permitted to fall, the existence of knowledge, skill, or even intelligence superior to that of an ordinary man will demand conduct consistent therewith. 
-Negligence is the failure to do what the reasonable man would do under the same or similar circumstances.

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