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