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Zittrain Torts Playlist Spring 2013

William Rushink, as Administrator of the Estate of Stephen E. Rushink, Deceased, Respondent, v. George F. Gerstheimer et al., Appellants.

Headnote

How should the court determine the class of individuals that the legislature aimed to protect through statute? While running an errand, the defendant left her car unattended with the keys in the ignition. The plaintiff’s decedent—a resident patient in a nearby psychiatric facility—drove away in the vehicle and hit a nearby tree soon after. The collision with the tree resulted in his death.