Friday, September 10, 2021

Schutz vs. Duncan




Suppose I run Schutz down with my car.

Schutz's story is that he was crossing in  a crosswalk with a walk sign, and I drove my car through a red light and injured him severely. My story is that I had a green light, and did not see him because he ran out in front of me from between two parked cars.

The accident occurred directly in front of a nursing home, and there were 5 residents of that home who were sitting on the porch and witnessed the accident.

This happens in 2010. Suppose Schutz waits until 2021 to sue me in tort for personal injury? What result? Where are those 5 elderly percipient [Kevin "he's so vain" McCarthy's word--gotta love that guy!] witnesses?

Now suppose I find Schutz's Rolex watch in the Faculty Lounge. He asks me to return it and I refuse. For the next 10 years I wear it and treat it as my watch.

Ten years later he sues me to get it back. What result? Who "owns" the Rolex now?

Suppose now he sees the watch in my office and takes it back into his possession. I sue him to recover the watch. What result? Why?