Delair v. McAdoo
Supreme Court of PA - 1936
- D was passing P on a road when his tire blew out and caused him to hit P.
- P sued D to recover damages as a result of the accident.
- P claimed that D's tires were worn out and that D was negligent in not replacing them.
- Trial court found for P, denied judgment n.o.v.
- PA Supreme Court affirmed, found for P.
- Would a reasonable driver be expected to know that driving with worn out tires is a risk to others on the road?
- A reasonable driver is expected to know that driving with worn out tires is a risk to others on the road.
- The evidence in the case makes it clear that the tires were completely worn out.
- An ordinary individual knows that using a tire beyond this point is dangerous. All drivers must be held to knowledge of these facts.
- A driver cannot escape liability simply because he says he does not know of the danger; drivers must understand their cars and the conditions of various parts that might be dangerous.
- Subjective state of mind is irrelevant; reasonable person standard is applicable.