Forsyth v. Joseph Case Brief

Summary of Forsyth v. Joseph

*Facts: Forsyth was occupier in a car that was hit by Villa’s truck. Villa admitted to be going 55 miles per hour when he hit the car and therefore he had to be speeding before the impact since he made an attempt to stop.

*Procedure: Trial court found Villa to be negligent because of excessive speed.

*Issue: Can you infer negligence based on the facts of speeding?

*Holding: Court approves inference but does not require it.

*Reasoning: There are skid marks, testimony, and all the facts lead up to speed.

*Decision: Affirmed

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