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Bierczynski v. Rogers | 239 A.2d 218 (1968)
Seventeen-year-old Ronald Bierczynski and eighteen-year-old Robert Race worked at the same place in Wilmington, and often rode to work together. One day, the appropriately named Race decided to drive his own car to work behind Bierczynski’s. The ensuing mayhem led to the concurrent negligence case Bierczyinski versus Rogers.
One morning, Bierczynski drove to Race’s house, intending to pick him up, but Race said he wanted to leave work early and would drive himself. The two boys got into their respective cars and headed toward work.
Cecil Rogers was driving his daughter Susan home from a Girl Scout trip at the same time. Rogers was on a two-lane road with a speed limit of twenty-five miles per hour when he saw both Bierczynski’s and Race’s cars zooming toward him. Race was behind Bierczynski in the correct lane at first, but then moved into the other lane so they were side by side. As he approached Rogers’s car, Race attempted to get back behind Bierczynski, but lost control. His car careened sideways and crashed into Rogers’s car at about seventy miles per hour. Bierczynski, who never came into contact with either of the other cars, stopped in the other lane about thirty-five feet from the accident.
Rogers sued both Race and Bierczynski for concurrent negligence. He claimed that they were racing on the public highway. The jury found that Race and Bierczynski were both negligent, and that the negligence of each was the proximate cause of the accident.
Bierczynski appealed to the Delaware supreme court. Bierczynski argued that his negligence couldn’t be the proximate cause of the accident because his vehicle stayed in the proper lane the whole time and never made contact with Rogers’s car. He also argued that the trial court shouldn’t have let Rogers’s attorney argue that he and Race had been drag racing.
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