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Zittrain Torts Playlist Spring 2013
Conboy v. Mogeloff
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?
New York Supreme Court, Appellate Division
172 A.D.2d 912
1991-04-04
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