Bradshaw v. Rawlings

612 F.2d 135 (1979)

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Bradshaw v. Rawlings

United States Court of Appeals for the Third Circuit
612 F.2d 135 (1979)

Facts

Bradshaw (plaintiff) was a sophomore at Delaware Valley College (defendant). Bradshaw was severely injured in a car accident while riding in a car driven by another sophomore, Rawlings (defendant). At the time of the accident, the students were returning to campus after attending their class picnic, an annual activity of the sophomore class, and Rawlings was intoxicated. The picnic did not take place on campus, but the sophomore class faculty advisor had assisted in planning the picnic and had approved the use of class funds to purchase beer for the picnic, even though the overwhelming majority of attendees were under the legal drinking age of 21. Bradshaw filed a lawsuit against Rawlings, the college, the beer distributor who sold the beer to the students, and the municipality alleging negligence by each defendant. With regard to the college, Bradshaw alleged that the college knew underage students would drink beer at the picnic, which was against both the college’s policies and state law, and that because the college knew the probable harm this could cause, it owed a duty of care to Bradshaw to protect him from this probable harm. The jury returned a verdict in favor of Bradshaw assessing damages against the college, and the college appealed.

Rule of Law

Issue

Holding and Reasoning (Aldisert, J.)

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