Podias v. Mairs
New Jersey Superior Court, Appellate Division
926 A.2d 859 (2007)
Relevant factsFree
After drinking together, Mairs (defendant) drove Swanson and Newell (defendants) home and struck Podias's motorcycle; all three men saw Podias lying in the road but, fearing trouble over underage drinking, called friends rather than police or emergency services, then drove away, after which another car struck and killed Podias. Podias's estate (plaintiff) sued all three, and the trial court granted summary judgment for Swanson and Newell, finding they owed Podias no duty.
IssueFree
Whether a court may impose a duty to act where a defendant is highly involved with a primary wrongdoer and could prevent serious injury through minor effort and inconvenience.