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Zittrain Torts Playlist Spring 2013

Miller v. Reilly

Should an actor's standard of care be relaxed by exigent circumstances--such as her car's brakes failing while the actor is driving downhill? Defendant's car brakes failed while she was driving downhill. Despite her efforts to maintain control of her car, defendant's car jumped the median strip and struck the plaintiffs' automobile. Defendant's car was equipped with an emergency brake, but she failed to use it before the collision occurred.