Robinson v. Lindsay (a.k.a. dude, where's my thumb)

Robinson v. Lindsay
92 Wash.2d 410, 598 P.2d 392 (1979).

Chief Justice Utter delivered opinion

Facts:

• Kelly Robinson lost full use of a thumb in a snowmobile accident when she was 11 years old
• Billy Anderson was driving the snowmobile at the time of the accident
• He was 13 at the time of the accident
• Jury verdict in favor of the defendant
• Trial court ordered new trial because trial ct failed to instruct jury as to the standard of care
• Appeals court agreed w/ tr. ct. and ordered new trial
• Plain. excepted to giving of instruction that compared Anderson's act to that of a child of the same age, intelligence, maturity, etc to determine reasonableness (WPI 10.05)
  
• arguing jury should have heard s.o.c. instructions for adults
  

Issue:
Can a minor operating a snowmobile be held to an adult standard of care?

Holding: Yes, when child is operating a powerful motorized vehicle, he/she should be held to an adult s.o.c.

Reasoning:

• When the activity a child engages in is inherently dangerous, as is the operation of powerful mechanized vehicles, the child should be held to an adult s.o.c.
• protects children
• discourages immature individuals from engaging in inherently dangerous activities
• Children can enjoy childhood activities w/o being subjected to adult s.o.c. in the event an injury occurs as a result of such activities
• Ct agrees w/ Minn. Sup. Ct.'s language "we should be skeptical of a rule that would allow motor vehicles to be operated to the hazard of the public with less than the normal minimum degree of care and competence"
• Minn. court cited cases in which minor had been operating tractor, motorcycle, minibike, and an automobile
• Operation of a snowmobile requires adult care
• stats show incidence of accidents w/ snowmobiles is particularly high among inexperienced drivers
• Boy was operating a powerful motor vehicle at time of accident
  

Judgment: Affirmed (order for new trial by lower trial court)