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Full-Text Articles in Torts
Heart Attacks As A Defense In Negligence Actions, Jerry B. Kraig
Heart Attacks As A Defense In Negligence Actions, Jerry B. Kraig
Cleveland State Law Review
The general rule in the United States today is that an unforeseen heart attack which leads to loss of consciousness, or to inability to maintain control of a motor vehicle, is not negligence. When an operator of an automobile is suddenly stricken by a heart attack, and as a consequence there is an injury to a person or damage to property, a defense based upon the fact of a heart attack will preclude recovery by an injured plaintiff.
Contributory Negligence Of Automobile Passengers, Martin C. Spector
Contributory Negligence Of Automobile Passengers, Martin C. Spector
Cleveland State Law Review
What is the duty of a passenger when the auto in which he is riding is approaching a railroad crossing, or an intersection, or when the auto is going at an excessive rate of speed, or if the driver is intoxicated? When does the passenger have a duty to remonstrate with the driver and when may he rely on the skill and care of the driver? May the contributory negligence of the driver be imputed to the passenger? Note that this article deals with contributory negligence as such, and does not attempt to distinguish between results in guest statute or …