Main Content

Main Content

Zittrain Torts Playlist Spring 2013

James W. Conboy, as Guardian ad Litem of David Dillenbeck, et al., Infants, Respondent, v. Jeffrey S. Mogeloff, Appellant.

Headnote

A mother falls asleep at the wheel after taking medication prescribed by her doctor. Her children are injured in a subsequent car accident. Prior to the accident, the doctor had told her that she could drive after taking the medication, despite him knowing the drug was a sedative. Should giving advice to others be regarded as equivalent to control over them? Should courts expect individuals to control the actions of others, even if they lack the ability to do so?