Tort Bunnies: Irony

Tort Bunnies Two more bunnies!

Principal Case

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Notes

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December 28, 2009. A PSA for New Year's Eve. Do not drive drunk.

Also, if you take away someone's keys, make sure they get home safely. See Nelson v. Driscoll, 295 Mont. 363 (1999), where the plaintiff's wife was pulled over by a police officer on suspicion of drunk driving. The officer could not establish that she was actually intoxicated and therefore did not believe he had grounds to arrest her on a DUI. However, given admissions by both the plaintiff and his wife that they had been drinking earlier, the officer forbade the two from further driving that night. The two decided to walk home instead, and the wife was killed when she was hit by a drunk driver. The court held that whether or not the officer should be held liable for her death was a valid jury question.

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