What is the test for a tort where a plaintiff is injured in a motor vehicle accident?
California, United States of America
The following excerpt is from Penna v. Toyota Motor Sales, U.S.A., Inc., 11 Cal.4th 376, 45 Cal.Rptr.2d 436, 902 P.2d 740 (Cal. 1995):
To borrow words from Brennan v. United Hatters (1906) 73 N.J.L. (44 Vroom) 729, 742 [65 A. 165, 171], the premise [11 Cal.4th 399] of the tort seems to be that, "[i]n a civilized community which recognizes the right of private property among its institutions, the notion is intolerable that a man should be protected by the law in the enjoyment of property once it is acquired, but left unprotected by the law in his efforts to acquire it."
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