Cohen v. Petty
Facts:
Defendant fainted while driving his car and subsequently crashed his car while plaintiff was a passenger therein. Passenger claimed that he was driving recklessly. Defendant had not eaten lunch but had no prior history of fainting.
Procedural History:
Trial judge directed a verdict in favor of the defendant.
Issues:
Is one liable for damages causes due to illness?
Bell's: Was defendant at fault when he suddenly became ill, fainted, and ran his car off the road?
Rule:
If the illness was not foreseeable, the defendant is not liable. Plaintiff must show actionable negligence.
Reasoning:
Defendant did not have a history of fainting, and could not have known that he would faint while driving.
Holding:
Plaintiff did not show that illness was foreseeable. Judgment affirmed.
Bell's: Defendant was not at fault when he suddenly became ill, fainted, and ran his car off the road.
Takeaways:
Unforeseeable illness is not actionable negligence.
Bell's: To be liable for an action, it has to be a volitional act.