South v. National Railroad Passenger Corp.
1980 N.D. LEXIS 197, 290 N.W.2d 819 (1980)
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Rule of Law:
A person who knows or has reason to know that their conduct, whether tortious or innocent, has caused bodily harm to another, making them helpless and in danger of further harm, has an affirmative duty to exercise reasonable care to prevent that further harm.
Facts:
- Billy Lee South was a missile site superintendent who lived in Larimore, North Dakota.
- On the morning of January 17, 1976, South was driving to a new work site for the first time via a route that crossed railroad tracks at the Barrett Avenue crossing.
- The view of the tracks to the east at the Barrett Avenue crossing was obstructed.
- As South's pickup truck, traveling at approximately 20 mph, entered the crossing, it was struck by a westbound AMTRAK passenger train traveling at approximately 68 mph.
- South was seriously injured in the collision and was lying on the right-of-way after the accident.
- The train's engineer, Howard W. Decker, saw South lying injured but chose not to cover him with his new jacket because he did not want to get it bloody.
Procedural Posture:
- Billy Lee South and Delores South sued the National Railroad Passenger Corporation (AMTRAK) and other railroad entities (the Railroad) in Grand Forks District Court, the trial court.
- The jury returned a verdict in favor of the Souths, finding the Railroad 100% negligent and Billy Lee South 0% negligent.
- The trial court entered a judgment on the jury's verdict.
- The Railroad moved for a judgment notwithstanding the verdict or, in the alternative, for a new trial.
- The trial court denied the Railroad's post-trial motions.
- The Railroad (appellant) appealed the judgment and the denial of its motions to the Supreme Court of North Dakota.
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Issue:
Does a person who knows or has reason to know that their conduct, whether tortious or innocent, has caused bodily harm to another have an affirmative duty to render reasonable assistance to prevent further harm?
Opinions:
Majority - Paulson, Justice
Yes, a person who knows or has reason to know that their conduct has caused harm to another has an affirmative duty to render assistance to prevent further harm. The court adopted the standard set forth in the Restatement (Second) of Torts § 322, which imposes a duty to act when one's conduct, even if innocent, creates an unreasonable risk of harm or has already injured another. While common law has traditionally been reluctant to impose liability for 'nonfeasance' (failure to act), a special relation arises when a defendant's own conduct is responsible for the plaintiff's perilous situation. This duty reflects 'basic decency and human thoughtfulness.' The court determined that the statutory duty to render aid for drivers of 'vehicles' did not apply to a train engineer, but this new common law duty did. Therefore, evidence regarding the engineer's failure to assist South after the accident (the 'parka incident') was relevant and admissible to determine if this duty was breached and if that breach caused additional harm.
Analysis:
This decision establishes a significant new common law duty in North Dakota by formally adopting the modern trend articulated in the Restatement (Second) of Torts § 322. It moves beyond the traditional rule that no duty to rescue exists absent a special relationship or the defendant's negligence, imposing an affirmative duty to render aid on anyone whose conduct—even if innocent—causes another's injury. This creates a new potential basis for liability in accident cases, where a defendant's post-accident conduct can lead to damages for aggravated injuries, separate from the cause of the initial accident. The case also provides important guidance on numerous evidentiary matters in negligence litigation, including the admissibility of prior 'near accidents' and habit evidence.
