Strait v. Crary
Court of Appeals of Wisconsin
496 N.W.2d 634 (1993)
Terry Crary (defendant), a 21-year-old, took several teenagers for a ride in his pickup truck. Crary purchased beer for the teenagers. Crary did not drink, but his passengers became very intoxicated. David Strait (plaintiff), a 16-year-old, was sitting in the cab of the truck next to Crary. While Crary was driving, Strait tried to climb through the passenger-side window to the bed of the truck to join the others. Strait fell, and Crary ran over his leg with the truck. Crary stopped the truck, picked up Strait, placed him in the truck bed, and drove him to a hospital. Strait sued Crary for negligence. Strait requested that the trial court instruct the jury to use the special standard of care for children in assessing Strait’s own role and potential negligence in the accident. The trial court declined to give this instruction. In doing so, the trial court implicitly adopted an exception to the rule that a separate standard of care applies for children. The exception provides that a child will be held to the adult standard of care, rather than the typical child standard of care, if the child engaged in an activity that is normally for adults only, and the public interest demands that the consequences fall on the child rather than on innocent victims. The jury returned a verdict that found both Strait and Crary negligent, and the jury apportioned negligence 61 percent to Strait and 39 percent to Crary. Strait appealed.
Rule of Law
Holding and Reasoning (Eich, C.J.)
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 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. 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. Read more about Quimbee.
Here's why 175,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 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.