Bierczynski v. Rogers, Sup. Ct. Of Del.,

239 A.2d 218 (1968)

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Nature of the Case

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Facts

Race (D1) and Bierczynski (D2) engaged in a speed contest. As they came down a hillside by side at twice the legal speed, they encountered Roger's (P) car in the westbound lane. D1 attempted to get his car back into the eastbound lane. D1 lost control and careened sideways into the front of P's car at 70 m.p.h. D2 brought his car to a stop 35 feet from the accident. D2's car was never hit. The plaintiffs Cecil B. and Susan D. Rogers (Ps) brought this action against D1 and D2, ages 18 and 17 respectively, alleging concurrent negligence. The jury found that both Ds were each negligent and that the negligence of each was a proximate cause of the accident. The court awarded substantial damages to Ps holding both D1 and D2 jointly liable. D2 appealed, claiming that he was not liable for any of the damage as his car hit no one.