Williams v. O'Brien

In this interlocutory appeal, we must determine whether a driver who signals the operator of another motor vehicle to proceed has undertaken a duty of care to other motorists on the roadway. Absent special circumstances, no such duty exists. The mere act of signaling does not, by itself, create a duty to insure the safety of other operators on the highway. However, if the signaling driver knows or should know of special circumstances which create, or could reasonably create, a foreseeable risk of harm to third-party operators on the roadway, then a legal duty to exercise reasonable care…