F: Motion for reserved decision, D dismissing P complaint granted.
Two men who had just robbed, at gunpoint, a man, were being chased.
One of the pursued jumped into a cab. The pursuer, being partial clad, was running outside the cab giving chase.
The cab driver was being persuaded by pistol to escape the scene or suffer the loss of his brains. The cab driver slammed on the brakes shortly thereafter, and exited the cab. The cab while still moving, and containing the now injured robber, rolled onto the sidewalk and struck a mother and her two children.
I: Whether the driver’s abandonment of the taxi when he faced the pistol of a fleeing felon constituted a standard of care an ordinary person would execute.
R: The conduct of an individual who is in an emergency situation is not measured by the standard of care of a reasonable person in a non emergency situation.
Consider the reasonable man if he is in emergency situation.
A: When acting under the belief that his life is in danger and by abandoning the taxi he will save his life is not negligence.
The law places no emulation upon an ordinary man in this situation.
He is not required to exercise unerring judgment, which would be expected of him, were he not confronted with an emergency requiring prompt attention.
C:Emergency situation exception to reasonable person standard