Brewer

According to plaintiff’s complaint, together with reasonable inferences from the allegations in that pleading, William P. Teano negligently and recklessly drove his car so that it repeatedly collided with a car driven by the plaintiff, Jeffrey R. Brewer. Afraid that he would be assaulted by Teano if he pulled over and stopped, plaintiff left the scene. A bystander, seeing him leave the scene of the accident, reported these events to police. As a result, plaintiff was arrested for hit-and-run. Later, criminal charges were filed against him, and he was held to answer for the felony grade of that crime. He was not convicted. Teano had died, and plaintiff sued his estate, the respondent in this appeal. Plaintiff sought compensation for damage to his car, for physical injury and emotional distress, and for expenses incurred as a result of the ensuing arrest and prosecution.

We conclude that the decision of the prosecutor to file felony charges against plaintiff, and of the magistrate to hold him to answer those charges, were superseding acts for which Teano’s estate is not liable. We also conclude that plaintiff has pleaded a viable action against the estate for damage to his…