Haver v. Hinson (a.k.a. runover kid)

Haver v. Hinson
385 So.2d 605 (Miss. 1980).

Justice ___ delivered opinion

Facts:

• Def. drove car to Havers' house
• Def. pulled over and parked on left side of street, immediately in front of Plain.'s residence
• Plain. came out with child (Elizabeth) to speak to def.
• Few minutes later, def. started to drive away, heard thud, stopped car, and found child underneath, lodged by exhaust pipe and seriously injured
• Plain. sues, alleging def. negligent per se in driving and parking on wrong side of the street, violating Mississippi Code Annotated section 63-3-601 (1972)
  

Issue:
Was the defendant negligent per se in parking and driving on the wrong side of the street?

Holding: No.

Reasoning:

• Statute constitutes negligent per se only where (1) the plaintiff is a member of the class sought to be protected by the statute, and (2) the resultant harm is of the type sought to be presented by the passage of the statute

Court says:

• Clear class sought to be protected only includes pedestrians and drivers who act in reliance of the orderly flow of traffic dictated by the statute
• Risk of accident just as likely had def. driven and parked facing the "appropriate" direction