Colson Ex Rel. Mattocks v. Shaw

Justice CARLTON

concurring in result.

I concur in the result reached by the majority. I read the majority opinion to hold that a driver has a duty to discharge his passengers in a safe place and does not have a duty to supervise. My concern with the majority opinion is that its recitation of the evidence which establishes a prima facie case of negligence creates, I fear, an inference that a driver has the duty to stop in the safest place in relation to his passengers’ destination. I concur in the result only insofar as it grants plaintiffs the opportunity to take their case to the jury on the theory enunciated by the majority. I would remand for a new trial with directions that the jury be allowed to consider only whether defendant breached his duty to unload his passengers in a safe place.