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TortsII-JointTortfeasors-Bierczynski_v_Rogers

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Bierczynski v. Rogers, Supreme Court of DE, 1968 Is Bierczynski liable even though his car was not involved in the accident? Issue Reasoning
Can find proximate cause here – and each participant is liable because he induces and encourages the tort.

Rule
Participation in a motor vehicle race on a public highway is an act of concurrent negligence imposing liability on each participant for any injury to a non-participant resulting from the race

Facts
Race and Bierczynski were street racing when Race hit the ∏’s car head on at 70 mph. The other guy did not hit the ∏’s car at all.

Held Procedure P argues D argues

Affirmed ∏ brought an action for concurrent negligence against both. Trial court that both were negligent. Bierczynski appeals


				
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posted:5/16/2009
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