Monday, November 11, 2013

Daniels v. Evans case brief

Daniels v. Evans case brief summary
224 A.2d 63 (N.H. 1966)

Defendant driver appealed from a decision of the Grafton County Trial Court (New Hampshire), which, after a jury verdict, entered judgment in favor of plaintiff estate administrator in the administrator's action to recover damages for a decedent's death resulting from a motorcycle accident.


The decedent, who was 19 years of age, was killed when a motorcycle he was driving collided with the driver's automobile. At trial, as to the standard of care to be applied to the decedent's conduct, the trial court, over the driver's objection, instructed the jury that, because the decedent was under the age of 21 at the time of the accident, he was considered a minor and was not to be held to the same degree of care as an adult; instead, he was required to exercise the care of the average child of his age, experience, and stage of mental development. After the jury returned a verdict in favor of the administrator, the driver appealed.

The court held the driver's objection to the trial court's instruction was valid because a minor operating a motor vehicle, whether an automobile or a motorcycle, was to be judged by the same standard of care as an adult.


The court sustained the driver's exception to the trial court's judgment.

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