Friday, October 10, 2014

Delair v. McAdoo case brief summary


Delair v. McAdoo case brief summary

F: Jury found for the P. D granted new trial for excessive award, denied JNOV.
D proceeding in the same direction as P, attempted to pass him.
As D drew alongside the left rear tire blew out, causing his car to swerve and strike the P’s car.
I: Whether a person driving a vehicle has a duty of care that will produce safety usage of the vehicle and highway for other users of the highway?
R: The law requires drivers and owners of motor vehicles to know the condition of those parts which are likely to become dangerous where the flaws or faults would be disclosed by a reasonable inspection.
C:
Affirmed.

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