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Full-Text Articles in Transportation Law
Sudden Illness As A Defense In Auto Accidents, Annmarie R. Kirchner
Sudden Illness As A Defense In Auto Accidents, Annmarie R. Kirchner
Cleveland State Law Review
Today, automobile accidents constitute a major source of actions at law for negligence. Some of these mishaps may have sudden illness of the motor vehicle operator as the primary or contributing cause. The purpose of this note is to examine the question of sudden illness and its possible value as a defense when negligence is charged against an automobile driver.
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.