Miller V. Miller Flashcards
How old was Danelle Miller?
16
How was Danelle Miller injured?
In an accident while she was a passenger
Who was driving when Danelle was injured
Her second cousin, Maurin Miller
How old was Maurin Miller?
27
What was Danelle doing when she stole the car?
Drinking and wondering the streets
What was Maurin when she saw Danelle and offered to drive?
Drunk as well
What did Maurin struck?
A pole
What happened to Danelle after the accident?
She became a quadriplegic
What did Danelle sue Maurin for?
Negligence
What was the question of the court?
Whether Danelle’s theft of the car defeated her claim for negligence
What did the court of appeal find?
Maurin owed Danelle no duty of care
What did the majority of the High Court believe?
That by the time of the accident, Danelle and Maurin were no longer engaged in illegal activity
What earlier precedent did the High Court reject?
Smith V. Jenkins
