Friedman v. Sloan

I am of the opinion that the throwing of a lighted cigarette out of a moving automobile into the windstream is simple negligence as a matter of law and any injury or damage causally traceable to that negligence is recoverable in an action at law. Liability in this case is dependent on simple negligence.

The evidence here is conclusive on the throwing of the lighted cigarette into the windstream from a moving car and that the returning of the cigarette onto the driver of the vehicle caused the accident. The court properly granted summary judgments on the issue of liability. The summary judgment…