Wednesday, April 27, 2011

Court Reviews the Foreseeability of the Driver’s Unconsiousness in a Case Involving a Motor Vehicle Accident

TIMOTHY SCHWANDNER v. DANA S. HIGDON (Tenn. Ct. App. April 27, 2011)

The driver of a car suddenly passed out, causing her vehicle to strike a stopped pickup truck and seriously injure its driver. The pickup driver sued, and the defendant filed a motion for summary judgment, arguing that she was not liable for the plaintiff's injuries because her sudden loss of consciousness was unforeseeable. Since it was undisputed that prior to the accident the defendant had not eaten during a full day of busy activity, the plaintiff argued that it was foreseeable that the she would lose consciousness. The trial court did not agree, and it granted the defendant's motion. We affirm the trial court.

Opinion may be found at:

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