Delair v. McAdoo Case Brief

Summary of Delair v. McAdoo, S. Ct. Pennsylvania, 1936

Facts: Df proceeding in the same direction as PL, attempted to pass him. As df drew alongside the left rear tire blew out, causing his car to swerve and strike the PL’s car.

Issue: Whether a person driving a vehicle has a duty or standard of care that will produce safety usage of the vehicle and highway for other users of the highway?

Holding: Yes

Procedure: Jury found for the PL; $7,500. Df granted new trial for excessive award, denied JNOV. Affirmed.

Rule: The law requires drivers and owners of motor vehicles to know the condition of those parts which are likely to become dangerous where the flaws or faults would be disclosed by a reasonable inspection.

Ct. Rationale: Drivers have an imperative duty or standard of care that they will be productive of safety for other users of the highways. Any ordinary individual, whether car owner or not, knows that when a tire is worn through the fabric, its further use is dangerous and it should be removed. An owner cannot escape simple b/c he says he does not know. He must know.

PL A: Df was negligent for driving a car with defective tires.

Def A: Df had no way of determining when the tire would blow and under what conditions.




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