BIERCZYNSKI V. ROGERS
Sup. Ct. of Del., 239 A.2d 218 (1968).
NATURE OF THE CASE: Bierczynski (Ds) appealed a judgment in which the court found each
that each of them were negligent and that the negligence of each was a proximate cause of
the motor vehicle accident.
FACTS: Race (D1) and Bierczynski (D2) engaged in a speed contest. As they came down a
hill side by side at twice the legal speed they encountered Roger's (P) car in the westbound
lane. D1 attempted to get his car back into the eastbound lane. D1 lost control and careened
sideways into the front of P's car at 70 m.p.h. D2 brought his car to a stop 35 feet from
the accident. D2's car was never hit. The plaintiffs Cecil B. and Susan D. Rogers (Ps)
brought this action against D1 and D2, ages 18 and 17 respectively, alleging concurrent
negligence. The jury found that both Ds were each negligent and that the negligence of each
was a proximate cause of the accident. The court awarded substantial damages to Ps holding
both D1 and D2 jointly liable. D2 appealed, claiming that he was not liable for any of the
damage as his car hit no one.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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