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De Carvalho v. Brunner

New York Court of Appeals
119 N.E. 563 (1918)
ELI5:

Rule of Law:

When two or more parties engage in a concerted act of negligence, such as racing vehicles on a public street, all parties are jointly and severally liable for injuries proximately caused by the act, even if only one party's vehicle directly strikes the victim.


Facts:

  • A one-horse truck owned by Brunner and a two-horse truck owned by E. J. Johnston & Co. were both traveling north on Water street in New York City.
  • The drivers of the two trucks began to race each other on the busy, 20-foot-wide street.
  • A city ordinance in effect prohibited driving at a speed greater than is reasonable or in a way that endangers the life or limb of any person.
  • The trucks were traveling at a high rate of speed, which a witness described as similar to an ambulance or fire engine responding to an emergency call.
  • During the race, Brunner's one-horse truck gained on and passed Johnston & Co.'s truck.
  • Approximately 15 feet north of Wall street, Brunner's truck struck and killed Luiz da Cunha Carvalho, a pedestrian who was crossing the street.
  • The truck owned by Johnston & Co. did not physically strike Carvalho.

Procedural Posture:

  • The plaintiffs, representing the estate of Luiz da Cunha Carvalho, filed a lawsuit against both Brunner and E. J. Johnston & Co. in the trial court.
  • A jury at the trial court rendered a verdict of $10,000 against all defendants.
  • The defendant Brunner did not appeal the judgment.
  • The defendants E. J. Johnston & Co., as appellants, appealed the judgment to the Appellate Division (an intermediate appellate court).
  • The Appellate Division reversed the judgment as to Johnston & Co. and dismissed the complaint against them.
  • The plaintiffs, as appellants, then appealed the Appellate Division's decision to the Court of Appeals (the state's highest court).

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Issue:

Are two parties who engage in a negligent, concerted activity, such as racing trucks on a public street, jointly liable for a death caused by only one of the parties' vehicles during the race?


Opinions:

Majority - Cuddeback, J.

Yes. Where two or more parties act in concert to perform a negligent act, they are jointly and severally liable for the resulting harm. The court reasoned that legal precedent, as stated in Cooley on Torts, establishes that when individuals negligently race on a public street, they are jointly liable for injuries caused by any participant. The court held that it is a question for the jury to determine from the circumstances whether the defendants' driving was dangerous and whether it was an 'act done in concert.' If the jury finds both in the affirmative, it is authorized to hold all participants liable. Since there was evidence to support the trial jury's finding of concerted action, the Appellate Division erred in dismissing the complaint against Johnston & Co.



Analysis:

This decision affirms the legal principle of joint liability for concerted tortious conduct. It establishes that direct physical causation is not necessary to hold a defendant liable if that defendant participated in a joint negligent enterprise that proximately caused the injury. The ruling empowers juries to infer a 'concerted act' from circumstantial evidence, such as two vehicles driving at excessive speeds side-by-side. This precedent is significant in cases involving multiple wrongdoers, as it allows a plaintiff to recover fully from any participant in the joint negligent act, regardless of their specific role in causing the final harm.

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