Where do i find a relevant case on negligent liability of a driver of a car to his guest passenger?

Would this be a tort case? I am a paralegal student and this is an assignment. I am also looking for a relevant ordinance, digest, legal periodical literature, legal treatise.


Asked over 8 years ago in Sacramento, California
Categories: Civil Litigation  Personal Injury

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Kristina Beavers

Answer by Kristina Beavers

VerifiedVirginia lawyer


If you have access to legal research tools, I would use them.  Otherwise, I find that google is often a good starting point.  You might also try google scholar.
And, as a hint, anytime you see the word 'negligent' that would indicate a tort.
I'd also check the index of your textbook, or go to the law library and look at the index of a torts case book.

Posted over 8 years ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Kristina Beavers, or search the Lawyer Directory.


terrence m rubino

Answer by terrence m rubino

VerifiedIndiana lawyer


this would be a tort case. it sounds like your assignment involves looking for what are commonly called "guest statutes." i don't practice in california but indiana and illinois where i do practice have such statutes and alot of caselaw interpeting them. the concept is that in some states there are circumstances where a passenger in a car needs to prove wilful and wanton misconduct or recklessness or gross negligence( all the same but different terms) in order for the passenger to recover from the driver for injuries from an accident. it varies from state to state. some states only require you to prove negligence which is a lower standard from the aforementioned.  hope this helps. 

Posted over 8 years ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact terrence m rubino, or search the Lawyer Directory.

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