Wednesday, January 1, 2014

Tubbs v. Argus case brief

Tubbs v. Argus case brief summary
225 N.E.2d 841 (1967)

Appellant passenger sought review of the judgment of the Superior Court of Marion County (Indiana), which sustained appellee driver's demurrer in the passenger's action for additional injuries suffered as a result of the driver's failure to render reasonable aid and assistance after an automobile accident.

The passenger filed suit against the driver for injuries sustained as a result of the driver's failure to render reasonable aid and assistance to the passenger after an automobile accident caused by the driver. The trial court sustained the driver's demurrer.


  • On appeal, the court reversed and remanded. 
  • The court found that Ind. Stat. Ann. § 47-1021 was only applicable to injuries resulting from the operation of an automobile and did not limit the driver's liability for additional injuries to acts of wanton and wilful misconduct. 
  • The court found that the passenger did state a cause of action because there might have been a legal obligation to take positive or affirmative steps to effect the rescue of a person who was helpless and in a situation of peril where the injury resulted from the use of an instrumentality under the control of the driver.

The court reversed the order sustaining the driver's demurrer.

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