Some hoodlum robbed someone and ran away. He jumped in the back of D's cab, put a gun to his head, and told him to drive.
D slammed on his brakes suddenly and jumped out of the car.
D did not put the emergency brake on, so the cab continued to roll. It hopped the sidewalk and hit P and her two children. Their injuries were minor.
P sued D in negligence.
Procedural History:
Trial court dismissed the complaint.
NYC City Court reversed, reinstated P's complaint.
Issues:
How should the standard of care be measured when an individual is placed in an emergency situation?
Holding/Rule:
The conduct of an individual in an emergency situation cannot be measured by the same standard of care as a reasonable person in a non-emergency situation.
Reasoning:
Negligence is measured according to the circumstances surrounding the event..
An action that may be negligent under normal circumstances may not be negligent under an emergency situation not of the D's making.
D cannot be liable under the facts submitted.
Dissent:
None.
Notes:
It's different if the D created the dangerous situation.
Also, this might have been different if there were more serious injuries.
