Venue: |
MI SC
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Facts: |
Siegrist and Farwell hit on some girls. They get chased by the
boyfriends. Farwell gets a beatdown. Siegrist finds him
later, and takes him to some drive-in restaurants. Farwell
is sleepy, and conks out. Siegrist leaves him in the car
at his grandparents' driveway. He dies three days later,
but chances are he could have been saved had he gotten
prompt treatment. |
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Posture: |
Verdict for plaintiff at trial. Appeals court reverses saying
that Siegrist had no duty to obtain aid for Farwell. |
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Issue: |
Did Siegrist have a duty of care? |
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Holding: |
Yes. Jury verdict reinstated. |
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Rule: |
Being "companions on a social venture" creates a special relationship
between the parties, giving rise to the duty to obtain care for
your co-partier, if you have notice that he or she is in trouble. |
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Reasoning: |
The court basically reiterates the facts: Siegrist knew Farwell was
hurt. It also notes that everyone has the duty to avoid
affirmative acts that make the situation worse. Where
performance of aid has begun, there's a duty to see it through.
Then this "companions on a social venture" relationship is
announced. QED. |
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Dicta: |
Dissent: there's no authority for this standard, and we shouldn't
elevate moral obligations to legal duties in cases like this. |
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