FARWELL V. KEATON 396 Mich. 281, 240 N.W. 2d 217 (1976) CASE BRIEF

FARWELL V. KEATON

396 Mich. 281, 240 N.W. 2d 217 (1976)

NATURE OF THE CASE: Farwell (P) appealed a ruling in a wrongful death action for negligence which held that Siegrist did not assume a duty to aid his companion, and neither knew nor should have known of the need for medical treatment.

FACTS: Farwell (P) and Siegrist consumed some beer at a trailer rental lot. After attempting to engage in some conversation with some females passing by, they left and followed the girls to a drive-in restaurant down the street. The girls complained to some friends and six boys chased P and Siegrist back to the lot. Siegrist escaped, but P was severely beaten. Siegrist found P under his car in the lot, and applied ice to his head. Siegrist then drove P around for about two hours, stopping at various drive-ins. P fell asleep in the back of his car. Around midnight, Siegrist parked P's car in the driveway of P's grandparent's house, attempted to rouse P, then left. P's grandparents found P the next morning and took him to the hospital where he died three days later. The jury returned a verdict for P for $15,000 in damages. The Court of Appeals reversed; Siegrist had not assumed the duty of obtaining aid for P and that he neither knew nor should have known of the need for medical treatment. P appealed.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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