The next issue of ATLA‘s magazine Trial (or, as they seem to insist, TRIAL) is transportation-oriented.  One article, written by Gary Pillersdorf, provides an interesting overview of issues in cases where cars run off the road.  An excerpt:

Studies show that 20 percent of all fatal accidents involve single automobiles running off the road.1 It is easy to write these cases off as examples of driver error, but in many instances, the government agency that designs and maintains the roads must share or shoulder the blame.

These cases are difficult. Not every off-road crash leads to government liability, and investigating a road’s engineering and accident history can be expensive. A connective-tissue case, for example, may not warrant the time and expense these cases require. The defendants’ recurring theme is driver error, and these cases rarely settle.

After an interesting anecdote about the road that inspired the Jan & Dean song “Dead Man’s Curve,” the piece addresses governmental immunity and various factual theories — defective guardrails, failure to warn, and defective banking.

I unfortunately don’t get to governmental immunity in my Torts class, but I could imagine a case like this being a nice quiz or exam question, or at least a good hypothetical for discussion.

Photo of Christopher Robinette Christopher Robinette

Christopher J. Robinette, an expert in tort law and theory, was appointed Professor of Law at Southwestern Law School in 2021.  He teaches Torts, Products Liability, and Foundations of Tort Law Seminar.

Professor Robinette serves as the United States Representative to the European…

Christopher J. Robinette, an expert in tort law and theory, was appointed Professor of Law at Southwestern Law School in 2021.  He teaches Torts, Products Liability, and Foundations of Tort Law Seminar.

Professor Robinette serves as the United States Representative to the European Group on Tort Law.  In 2012, Robinette was elected a member of the American Law Institute (ALI); in 2019, the ALI Council appointed him as Adviser to the Restatement of the Law Third, Torts.  Robinette also serves on the editorial board of the Journal of Tort Law, the only peer-reviewed journal devoted to tort law in the United States, where he previously served as editor-in-chief. He serves as an editor of a leading torts treatise, Harper, James & Gray on Torts, and a leading insurance treatise, New Appleman on Insurance Law Library Edition.  Additionally, Robinette edits TortsProf Blog, a member of the Law Professor Blogs Network. He is an elected member of the European Centre for Tort and Insurance Law and a contributing editor at JOTWELL Torts. Robinette served as chair of the AALS Torts & Compensation Systems Section in 2017.

He has presented on tort law across the United States and the world, including the United Kingdom (Oxford), Poland, Austria, and Malaysia (where he won a “Best Paper” award).  Professor Robinette’s work has been cited by federal and state courts in numerous jurisdictions.  He is frequently quoted in the media in outlets such as the Associated Press, Bloomberg, Reuters, and The Washington Post.

Before coming to Southwestern, Robinette was Professor of Law at Widener University Commonwealth Law School, where he won both scholarship and teaching awards on multiple occasions.  In 2018, he received the Lindback Foundation’s Award for Distinguished Teaching at Widener, a university-wide recognition awarded to one professor per year.  Robinette was also a visiting professor at the University of Iowa and Washington University in St. Louis.

Robinette served on the Advisory Board of Salvation Army corps in both Charlottesville, Virginia and Harrisburg, Pennsylvania; he was Chair of the Harrisburg Capital City Region Advisory Board from 2010-2012.  He was a member of the UPMC/Pinnacle Health Ethics Committee for several years, primarily addressing end-of-life issues.

Robinette litigated tort and contract cases prior to becoming a law professor, experiences he uses to engage students in his classes.

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