Showing posts with label STEWART V. MOTTS 654 A.2d 535 (1995). Show all posts
Showing posts with label STEWART V. MOTTS 654 A.2d 535 (1995). Show all posts

STEWART V. MOTTS 654 A.2d 535 (1995) CASE BRIEF

STEWART V. MOTTS
654 A.2d 535 (1995)
NATURE OF THE CASE: Stewart (P) sought review of a decision that affirmed a judgment in favor of Motts (D) in P's negligence action seeking damages for personal injuries.
FACTS: Stewart (P) stopped at Motts' (D) auto repair shop and offered assistance to D in repairing an automobile fuel tank. In an effort to start and move the car without the gas tank attached, P suggested and then poured gasoline into the carburetor. D was to turn the ignition key at a given moment. The car backfired, caused an explosion and resulted in P suffering severe burns to his upper body. The exact sequence of the events is contested. P sued D and asked the judge to instruct the jury that gasoline was a very dangerous substance that required a high degree of care in handling. The judge refused and the verdict went to D. P appealed.

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