This website requires JavaScript. Please enable JavaScript in your browser settings, or use a different web browser like Google Chrome or Safari.

Options

From our private database of 33,800+ case briefs...

McCarter v. Davis

United States District Court for the Eastern District of Missouri

2014 U.S. Dist. LEXIS 102399 (2014)

Facts

John Davis (defendant) lost control of his car, which flipped over and ended up on the highway median. Katherine McCarter (plaintiff), who had been driving behind Davis, pulled over to the left shoulder. Other cars pulled over behind McCarter and on the other side of the road. Daniel and Tara Rozum (the Rozums), who had not seen the accident, pulled over on the other side of the road. The Rozums did not intend to cross the highway to get to the accident scene. Tara got out of the car and walked as far away from the traffic lane as possible to ask another driver if 911 had been called. If 911 had not been called, Tara intended to return to her car and make the call. At the same time, in response to another driver’s instruction, McCarter started to move to the other side of the highway. As McCarter’s car crossed the highway, it was hit by another car, causing McCarter’s car to hit Tara. The Rozums sued McCarter for Tara’s injuries. McCarter settled the claims and filed an action against Davis seeking contribution for monies McCarter paid to settle the Rozums’ claims. Davis moved for summary judgment, arguing that the rescue doctrine was not applicable and that his negligence was not a proximate cause of Tara’s injuries.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision. To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question. To access this section, please start your free trial or log in.

Holding and Reasoning (Mummert III, J.)

The holding and reasoning section includes:

A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 606,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.
Unlock this case brief Read our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.
Learn about our approach Read more about Quimbee

Here's why 606,000 law students have relied on our case briefs:

Written by law professors and practitioners, not other law students. 33,800 briefs, keyed to 984 casebooks. Top-notch customer support.
The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership

Here's why 606,000 law students have relied on our case briefs:

Reliable - written by law professors and practitioners, not other law students
The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
Access in your class - works on your mobile and tablet
33,800 briefs - keyed to 984 casebooks
Uniform format for every case brief
Written in plain English - not in legalese and not just repeating the court's language
Massive library of related video lessons - and practice questions
Top-notch customer support