Tubbs v. Argus – Case Brief
Tubbs v. Argus, 140 Ind. App. 695, 225 N.E.2d 841 (1967).
Facts: Tubbs (P) was riding as a guest passenger in the right seat of Argus’ (D) car. Argus drove into a tree and abandoned Tubbs and the car. Tubbs alleged that she suffered additional injuries arising from Argus’ failure to render reasonable aid and assistance, and sought damages only for such additional injuries. The trial court sustained Argus’ demurrer and Tubbs appealed.
Issue: Does a party have an affirmative duty to render reasonable aid and assistance to one who is helpless and in a situation of peril, when the injury resulted from use of an instrumentality under the control of the defendant?
Holding and Rule: Yes. An affirmative duty arises to render reasonable aid and assistance to one who is helpless and in a situation of peril, when the injury resulted from use of an instrumentality under the control of the defendant.
P sustained injury through an instrumentality under D’s control. A duty was imposed upon D to render reasonable aid and assistance and a breach of that duty renders her liable for the additional injuries suffered.
Disposition: Reversed and remanded.