Bierczynski v. Rogers

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Bierczynski v. Rogers
Court Supreme Court of Delaware
Citation 239 A.2d 218
Date decided 1968

Facts

Defendants Bierczynski and Race were 17 and 18 respectively, and involved in a high speed race on a public highway. Race lost control of his car and collided with the defendant, Rogers.

Procedural History

Judgment for the plaintiff.

Issues

Whether one is liable for injury or damage to a third party when they are involved in a race but are not directly involved in the collision.

Judgment

Affirmed.

Rule

Participation in a motor vehicle race on a public highway is an act of concurrent negligence imposing liability on each participant for any injury to a non-participant resulting from the race.