Rubio v. Swiridoff

Opinion

RANDALL, J. *

We are faced in the instant case with the novel proposition that one who engages in a provocative quarrel with another and then drives rapidly away from the scene of the confrontation is liable in damages to the survivors of the victim of an automobile accident triggered by the other disputant who drove in a reckless fashion while influenced by the heat of passion thus enkindled. The legal rules we must apply to resolve the matter are well established, but we find no remotely similar factual precedent.

On October 29, 1981, plaintiff, through her guardian ad litem, filed a…