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Podias v. Mairs

New Jersey Superior Court, Appellate Division
926 A.2d 859 (2007)



Mairs, Swanson, and Newell (defendants), all eighteen years of age, were drinking beer at a mutual friend’s house. Mairs drove the three of them back to their school in the early morning. On the way back, Mairs lost control of the car and hit a motorcycle driven by Podias. The car went off the road, and the three men huddled around the car. Although they saw Podias lying in the road, no one called for help or assisted Podias. All three men had cell phones, and called friends but not the police, because they did not want to get into trouble. The three men decided to leave the scene of the accident and drove away. After the men left, another car struck Podias in the road. Podias died from the injuries sustained in the two accidents. Podias’ estate (plaintiff) brought a claim against Mairs, Swanson, and Newell for Podias’ death. The trial court granted summary judgment in favor of Newell and Swanson, ruling that the two men did not owe a duty of care to Podias.

Rule of Law


Holding and Reasoning (Parrillo, J.)

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