1/10/2005

Common Sense From The Bench

Via Random Mentality and Overlawyered...

So, you and a couple of friends decide to rent a Chevy Blazer. You buy four bags of fireworks and begin driving around a residential neighborhood, shooting bottle rockets at pedestrians. Then, someone drops a firecracker into the back and all the fireworks explode.

What do you do?

Why, you sue the company that rented you the car! The Iowa Supreme Court should be lauded for rejecting this nonsense, summarizing their decision like so:

Viewing the facts most favorably to plaintiffs, the circumstances that caused their injuries do not create a vicarious liability under section 321.493. The fact that plaintiffsÂ’ injuries occurred in the motor vehicle while it was being driven is not sufficiently related to the operation or condition of the vehicle so as to fall within the provisions of that statute.
What I find amazing is that the case made it's way to the state Supreme Court. Nevertheless, score one for common sense.