Era C. Nunez, as Personal Representative of the Estate of Linda Joyce Brown, Plaintiff/appellee v. Professional…

Summary

The court held that passengers’ negligence claims against common carriers are governed by the objective standard of reasonable care under all the circumstances, not a heightened highest-degree-of-care standard. Although a carrier’s special relationship with passengers may create broader duties, breach is measured by reasonable care, with the carrier’s status considered as one circumstance. The court rejected the constitutional and retroactivity challenges and vacated the court of appeals’ decision, remanding for a new trial.