Torts II, Pages 385–386

Bierczynski v. Rogers

Supreme Court of Delaware, 1968

Facts:

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.

Issue:

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

Rule/Holding:

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.

Judgment:

Affirmed.

Takeaway:

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

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