This section contains the nature of the case and procedural background.

RKO General, Inc. (D) was running a radio contest that encouraged its listeners to be the first one to an announced location to win money. A third party (a minor) heard D's announcement and negligently drove over 80 miles an hour to reach the destination. In their haste, the third party ran Weirum (P) off the road, killing him. P's estate sued D for damages. The trial court found for P. The appeals court reversed the decision, holding that D had 'no control, or no right to control, the conduct of drivers on the highway.' D argues that hindsight is not foreseeability, so they are not negligent until after the first accident. D also argued that the first amendment gave them the right to free speech.

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