Dennison v. Klotz

In this wrongful death action, the plaintiff appeals from judgments rendered in favor of three defendants following the granting of the defendants’ motions to strike the plaintiffs complaint.1 The principal issue of the appeal is whether a passenger in a car owes a legal duty to take action to prevent harm to a fellow passenger who is about to be or has been injured by the conduct of the driver of the car.

The plaintiff raises claims of both procedural and substantive error by the trial court. We find error in the rendering of judgment in favor of the defendant Andrew Priest, and no error with…