Torts II, Pages 385–386

Bierczynski v. Rogers

Supreme Court of Delaware, 1968


Defendants were racing down a hill side-by-side at twice the speed limit and Race hit plaintiff's car, while Bierczynski remained in his proper lane the whole time.

Procedural History:

The jury found that defendants were each negligent and that the negligence of each was a proximate cause of the accident. Substantial verdicts were entered against both defendants jointly.


Was Bierczynski liable for plaintiff's injuries for racing Race, even though Bierczynski did not hit plaintiff?


All parties in a motor vehicle race are liable for harm to a third person from the conduct of the other, because he induced and encouraged the tort.




When multiple tortfeasors act in concert, all are liable for the resulting harm.