New! H2O now has access to new and up-to-date cases via CourtListener and the Caselaw Access Project. Click here for more info.

Main Content

Casebook Read Credits
Torts - Spring 2016 full version
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.

This book, and all H2O books, are Creative Commons licensed for sharing and re-use with the exception of certain excerpts. Any excerpts from the Restatements of the Law, Principles of the Law, and the Model Penal Code are copyright by The American Law Institute. Excerpts are reproduced with permission, not as part of a Creative Commons license.