From our private database of 33,600+ case briefs...
Tolbert v. Duckworth
Georgia Supreme Court
423 S.E.2d 229 (1992)
Facts
Larry Duckworth (defendant) was driving on a wet road when he turned a corner, hit a drainage area, lost control of his car, and crashed into the car being driven by Bruce Tolbert (plaintiff). An officer ticketed Duckworth for driving too fast for conditions but later testified that Duckworth could not have anticipated that water would have been in the road as he drove around the corner. Tolbert sued Duckworth for negligence. The trial court gave a jury instruction on the law of accident, and the jury returned a verdict in favor of Duckworth. Tolbert appealed, and the court of appeals affirmed the verdict in favor of Duckworth. The Supreme Court of Georgia granted a writ of certiorari to determine whether the jury instruction on the law of accident should be eliminated as a defense in civil cases.
Rule of Law
Issue
Holding and Reasoning (Fletcher, J.)
What to do next…
Here's why 603,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 33,600 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.
