In this update of Rhode Island Practice Tort Law and Personal Injury Practice (Vol. 1), Chapter 2 , Negligence, Section 82, I update my previous publication from 1990.
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Chapter 2 Negligence #85
In Ouch v. Khan Khea,963 A 2d 630 (R.I. 2009) two automobile passengers brought a tort (def> a tort is a wrongdoing that results in injury to another person or damage to another’s property) action against the defendant/driver, who belonged to the same street gang as the passengers, alleging that the driver’s negligent operation of an automobile during and after an incident in which shots were fired at an automobile of a rival gang members constituted the proximate cause of their gunshot injuries. The plaintiffs argued that the defendant, as the operator of the vehicle, had a duty of care – a duty that defendant breached they contended – by driving toward and past a danger (rival gang members). However, the court ruled that, although the defendant unquestionably owed plaintiffs a duty to operate his automobile in a safe manner, the driver did not have a duty of care to the passengers to protect them from the intentional criminal acts of rival street gang members.
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