Daniels v. Evans – Case Brief
Daniels v. Evans, 107 N.H. 407, 224 A.2d 63 (1966).
Case Summary
Facts: Daniels’ (P) nineteen year old son was killed when his motorcycle collided with Evans’ (D) car. Daniels sued Evans and Evans appealed the jury’s verdict in favor of Daniels. On appeal, D claimed that since P’s son was participating in an adult activity he should be held to the standard of care of an ordinary person.
Issue: What is the standard of care for a minor participating in an adult activity?
Holding and Rule: A minor operating a vehicle is judged by the same standard of care as an ordinary adult; the ordinarily prudent person standard. The court held that an adult standard of care applied when minors are engaged in adult activity such as driving, even though minors were usually entitled to a standard of care based on their age and maturity when engaged in age-appropriate activities.
Disposition: Reversed – judgment for D.