Fugate v. Galvin

The passenger in another’s car cannot be liable when, knowing that the owner-driver is intoxicated, he nevertheless asks the owner-driver to take him home from a friend’s house they are visiting, only to have the owner-driver run down a pedestrian.

Harry S. Nosal, now deceased, asked defendant Brian T. Galvin to drive him to and from the house of a mutual friend in Galvin’s automobile. Galvin took Nosal to the friend’s house without incident, but on the way back struck the plaintiff, who was walking on the shoulder of a road. Fugate sued Galvin, then amended his complaint to name Nosal’s…