 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Puckett v. Roberson6/30/2005
istopher Phelon because she had no reason to know, or to believe, that he was incapable of operating his vehicle.
The Biscan Court used a balancing test, "balancing the degree of foreseeability of harm against the burden upon the defendant to avoid the harm by acting different." The gravamen of the Court's balancing test is the degree of foreseeability since a duty of care is dependent upon foreseeability. As discussed above, it was not foreseeable that, after leaving the Roberson house for a short trip to a Union City drive-through restaurant, that the sober driver Christopher Phelon would relinquish control of his own vehicle to an intoxicated Megan Woods.
For the foregoing reasons, we affirm the Final Order of the trial court. Costs of this appeal are assessed to the Appellants, Betty Puckett and Terry Phelon, and their surety.
Page 1 2 3 4 5 6 7 8 9 Tennessee DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|