Daniels v. Evans

Supreme Court of New Hampshire · 1966 · Torts

Tortsnegligenceminorsadult standardmotorcyclenegligenceminor plaintiffstandard of care

Facts

The decedent, Robert E. Daniels, was 19 years old and was operating a motorcycle. The trial court instructed the jury that because he was under 21, he was a minor and therefore was not held to the same degree of care as an adult, but instead to the care of the average child of his age, experience, and stage of mental development. The defendant challenged that instruction. The appellate issue concerned the proper standard of care for a minor engaged in operating a motorcycle.

Issue

When a minor operates a motor vehicle, including a motorcycle, should his conduct be judged by the traditional child standard of care or by the same adult standard of ordinary care applied to adults? Does the same standard apply whether the minor's conduct is evaluated as primary negligence, contributory negligence, or a causal statutory violation?

Rule

Minors are judged by standards commensurate with their age, experience, and wisdom when engaged in activities appropriate to childhood. But a minor operating a motor vehicle, whether an automobile or a motorcycle, must be judged by the same standard of care as an adult, and no distinction is made based on whether the issue is primary negligence, contributory negligence, or a causal violation of a statute.

🔒

See the holding & full analysis

Create a free KwikCourt account to unlock the rest of this brief — and practice the case.

The court's holding and reasoning
Doctrine tests, pitfalls & exam hypotheticals
10 practice questions + 4 AI-graded essays on this case

Free sample · practice this case

Test yourself

One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Manchester, New Hampshire, 17-year-old Leah Moreno borrowed her aunt's sedan to drive to a weekend job. At an intersection, she allegedly turned left without keeping a proper lookout and collided with a delivery van driven by Colin Reese, who sues her for negligence.

What standard of care should govern Leah's conduct?

Explanation. A minor operating a motor vehicle must be judged by the same standard of care as an adult. The majority distinguished ordinary childhood activities from the adult activity of driving, emphasizing the grave danger posed by motor vehicles and the public's right to expect one uniform level of care on the highways.