Friday, October 10, 2014

Popejoy v. Steinle case brief summary


Popejoy v. Steinle case brief summary


F: C. Steinle (D) was taking her daughter and niece to purchase a calf for the daughter to raise, D negligently collided with P’s vehicle. D died. Later, P began experiencing pain and required surgery. P filed a claim against the representative of W. Steinle (D), who had died in the interim. P seeks to impute C. steinle’s negligence to W. Steinle, arguing that he is vicariously liable for her neg. b/c her business trip to pick up daughter’s calf was part of a joint venture w/ W. Steinle.

I: Whehter D is vicariously liable for the neg. of another under a theory of joint venture if the joint venture was not motivated by profit
 

R: D is vicariously not liable for the neg. of another under a theory of joint venture if the joint venture was not motivated by
profit
 

A: C. Steinle was not in a joint venture w/ W. Steinle.
1. There is ample evidence that D was going to purchase the calf as a pet for her daughter.
2. although it is true that daughte’rs calf and other pets were often sold, the proceeds from such sale did not go to the account
of D and W. steinle, but to the account of the daughter.
In sum, D and W. Steinle were not in a joint venture b/c there was no profit motive to their actions.
 

Co: 4 elements of joint enterprise (A PICture)
i) an agreement among the members of the group
ii) a common
purpose
iii) community of pecuniary
interest
iv) an equal right of
control of the enterprise

No comments:

Post a Comment

Search Thousands of Case Briefs and Articles.