Wednesday, February 22, 2012

Poyner v. Loftus Case Brief

FACTS
-Personal Injury action involving blind man who walked off elevated walkway. 

PROCEDURAL HISTORY
-P found contributory negligent

ISSUE
-Is a blind man contributory negligent in injuries sustained in an accident in which he fell off a walkway?

HOLDING
-He was contributory negligent due to not using a seeing eye dog or a cane.

RULES
-A blind man must exercise due care in using public walkways commensurate with the known or reasonably foreseeable dangers.
-Due care is such care as an ordinary prudent person with the same disability would exercise under the same or similar circumstances.

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