Rubio

We are faced in the instant case with the novel proposition that one who engages in a provocative quarrel with another and then drives rapidly away from the scene of the confrontation is liable in damages to the survivors of the victim of an automobile accident triggered by the other disputant who drove in a reckless fashion while influenced by the heat of passion thus enkindled. The legal rules we must apply to resolve the matter are well established, but we find no remotely similar factual precedent.

On October 29, 1981, plaintiff, through her guardian ad litem, filed a complaint for the wrongful death of her mother against Rudolf Henry Swiridoff (Swiridoff).

Swiridoff subsequently filed a motion for summary judgment, which was granted.

Facts

Swiridoff and Linda Karcie (Karcie) had been dating each other for approximately one and one-half years. On September 30, 1978, Swiridoff was seen by Karcie’s brothers with another woman. On October 1, 1978, Swiridoff telephoned Karcie several times, each time being met with an angry response. That evening Swiridoff went to a local bar and saw Karcie with another man. They exchanged “words.” Swiridoff left and went to another…