Door Opening Collision Liability

A driver, while passing a stationary vehicle whose driver was exiting, collided with the opening door, resulting in injuries to the stationary vehicle's occupant, who subsequently sued for damages. The court upheld the finding of liability, reasoning that the driver opening the door was the primary cause of the accident by failing to ensure the operation could be performed safely, even though the passing driver also bore some fault for excessive speed, thus confirming that the act of opening the door into moving traffic constituted the overriding cause of the harm.