Thursday, September 21, 2017

Court Finds No Liability Regarding Provision of Driving Directions

In the case of Garlick v. Anadarko Petroleum Corp., No. 4:12-CV-01166 (M.D. Pa. Aug. 15, 2017 Brann, J.), Judge Matthew W. Brann of the Federal Middle District Court of Pennsylvania granted summary judgment in favor of the defense in a case where the Plaintiff's decedent was involved in a nighttime accident while following directions provided by another. 

Judge Matthew W. Brann
M.D. Pa.

The court reasoned that a defendant cannot be liable under the Restatement (Second) of Torts §323 pertaining to a negligent undertaking with respect to providing driving directions to the Plaintiff’s decedent.   The court noted that providing direction to another person does not create an undertaking to do anything more such as a erecting directional signs on public roads or other steps.   The court also noted that there is no duty to provide the safest route possible.  

 Anyone wishing to review a copy of this decision may click this LINK.  

I send thanks to Attorney James Beck of the Philadelphia law office of Reed Smith for bringing this case to my attention.  

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.