Cohen v. Petty Author: Nicole

Facts-

Defendant was driving the car with his wife, and plaintiff and sister in the back seat.  While driving, the defendant fainted and the car crashed into an embankment.  Due to the crash, the plaintiff suffered injuries.

Issue-

Is the defendant, who was unexpectedly stricken with illness, liable for the injuries to the plaintiff?

Decision-

No.

Rule of Law-

One who is suddenly stricken by an illness, which he had no reason to anticipate, while driving an automobile, which renders it impossible for him to control the car, is NOT chargeable with negligence.

The defendant did not know and had no reason to think that he would be subject to the attack that overcame him.  He could not have known of the possibility of an accident.