Keller v. DeLong

231 A.2d 633 (1967)

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Keller v. DeLong

New Hampshire Supreme Court
231 A.2d 633 (1967)

Facts

O. Pitman Keller (plaintiff) was the representative of the estate of a 28-year-old nurse who died in a car accident. The accident occurred one night after Carl DeLong (defendant) and the decedent had stopped at a restaurant for food and beer. DeLong was driving and the decedent was in the passenger seat when Delong fell asleep at the wheel and the car crashed into a pole, killing the decedent. Keller brought suit against DeLong. At trial, evidence surfaced that DeLong had already dozed off while driving before the accident and that DeLong was already sleepy when he began driving. There was also evidence that the windows were up and that the heater was on. The trial court found for DeLong, holding the DeLong caused the accident by falling asleep at the wheel but that DeLong was not negligent because he had no warning that he would fall asleep at the wheel. Keller appealed based on the trial court’s application of the law.

Rule of Law

Issue

Holding and Reasoning (Duncan, J.)

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