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Zittrain Torts Playlist Spring 2013

Bernice Cuppy, Guardian of the Person and Estate of Pamela Greiner, a minor, et al., Plaintiffs and Respondents, v. Brian D. Bunch, Defendant and Respondent, and Marlin G. White, Defendant and Appellant.

Headnote

Is there an actual duty to prevent the intoxicated from driving? Bunch and White were friends who were out drinking. Testimony suggested that White knew Bunch was intoxicated and drowsy when they decided to return home. Nonetheless, White suggested that the two drive home in separate cars, with White’s vehicle in the lead. Bunch’s vehicle swerved a number of times, and ultimately hit the plaintiff’s vehicle when Bunch swerved across the center line of the road.