Cohen v. Petty
Appellate Court DC - 1933
- P was passenger in D's car.
- D lost consciousness while driving and hit a tree, injuring P.
- D claimed he had no history of losing consciousness and that he did not anticipate it.
- DC Appellate Court affirmed, found for D.
- Is a party liable in negligence for injury caused by his unforeseeable and involuntary actions?
- A party is not liable in negligence for injuries caused by his unforeseeable and involuntary actions.
- D fainted right before the accident and had no prior history of fainting and did not anticipate it.
- D did not any reason to know that he would have fainted.
- If D knew of his condition, then a negligence case could have been brought based on D's recklessness for driving the car.
- Negligence is the failure to exercise the degree of care which a person of ordinary prudence would exercise under the same circumstances. (reasonable care)