06-26-07 A-6312-05T4
In circumstances where the driver of an automobile may
either be unwilling or unable to seek emergency aid for an
individual struck by the car and lying helpless in the middle of
a roadway, the passengers' inaction in failing to take simple
precautions at little if any cost or inconvenience to them, is
actionable based either on an independent legal duty to act or,
vicariously, as aiders or abettors who substantially assisted
the driver's misconduct by encouraging him to abandon the scene.
