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Casebook Read Credits
Torts Fall Reading group version #3
Resource 9 . 2 . 3
4 minutes

Rushink v. Gerstheimer

Samantha Bates,
Jonathan Zittrain

How should the court determine the class of individuals that the legislature aimed to protect through statute? While running an errand, the defendant left her car unattended with the keys in the ignition. The plaintiff’s decedent—a resident patient in a nearby psychiatric facility—drove away in the vehicle and hit a nearby tree soon after. The collision with the tree resulted in his death.

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