Cohen v. Petty

65 F.2d 820 · U.S. Court of Appeals · 1933

Facts

On December 14, 1930, plaintiff Jeanette Cohen was a guest in defendant Petty's automobile, driven by Petty, with his wife and plaintiff's sister also present. The group was driving through Washington towards Silver Spring and Colesville Pike. After passing the Country Club, the car suddenly swerved off the road, hit a culvert, and ran into an embankment, throwing plaintiff and her sister through the roof and causing permanent injuries. Just before the crash, Petty exclaimed, "I feel sick," and his wife then asked, "Oh, John, what is the matter?" Defendant's wife testified that Petty fainted, his head fell back, and his hand left the wheel, prompting her to grab the wheel before she also lost consciousness. Petty himself testified he fainted suddenly, had never fainted before, and felt fine until that moment.

Procedural history

The trial judge gave binding instructions, effectively directing a verdict for the defendant. The plaintiff appealed this decision. This court affirmed the action of the lower court.

Issue

The legal question is whether a driver can be held negligent for an accident caused by a sudden, unforeseeable illness that renders them unable to control the vehicle. Specifically, was the trial court justified in taking the case from the jury given these circumstances?

Holding

The court held that the trial court was justified in taking the case from the jury. The lower court's action was affirmed, meaning the defendant was not found negligent.

Rule

The established legal rule is that one who is suddenly stricken by an illness, which they had no reason to anticipate, while driving an automobile, and which renders it impossible to control the car, is not chargeable with negligence. The court reasoned that negligence cannot be predicated upon recklessness if the driver had no prior knowledge or reason to foresee such an attack. Since the plaintiff failed to show any actionable negligence prior to the car leaving the road, and the defendant's uncontradicted evidence proved the loss of control was due to a sudden, unforeseeable illness, the defendant could not be held liable.

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