Torts II, Pages 385–386
Bierczynski v. Rogers
Supreme Court of Delaware, 1968
View opinion on Lexis AdvanceFacts:
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.