Bierczynski v. Rogers
Delaware Supreme Court
239 A.2d 218 (Del. 1968)
Relevant factsFree
Bierczynski (defendant) was drag racing another driver, Race, on a public highway when Race lost control and crashed into the Rogerses (plaintiffs), injuring them. The Rogerses sued both drivers for negligence, and the trial court found Bierczynski and Race jointly liable even though Bierczynski's car was not the one that actually struck the Rogerses' vehicle. Bierczynski appealed.
IssueFree
Whether a driver engaged in a car race may be held jointly liable for injuries to a third party caused by the other racer's car, even though the appealing driver's own car was not involved in the collision.