Does a plaintiff's lack of care elevate the care expected of the defendant?
Notes: Plaintiff was a guest at defendant’s hotel. Plaintiff’s room had a sliding glass door equipped with a lock and safety chain. An intruder forced his way past the chained door—which was closed but not locked—and threatened to rape the plaintiff before she fought him off. During trial, plaintiff did not prove the existence of cost-effective safety measures that the hotel could have implemented to avert the incident.
Should a medical episode absolve actors of their duty of care?
Notes: Defendant suffered from a stroke prior to entering his car. He struck plaintiffs’ car while still mentally impaired by the stroke. Throughout the course of events, defendant did not realize that he was unfit to drive, but did admit to “feelings of queerness” at the time. The defendant’s deliberate and voluntary efforts to control his care demonstrated some awareness of his surroundings and traffic conditions. Based on medical testimony, the court found that defendant never suffered a complete loss of consciousness, as in an epileptic fit.
Does mental illness count as a “sudden affliction” as defined in Roberts?
Notes: Defendant was involved in two automobile accidents in fairly quick succession. The plaintiffs were involved in the second accident. The traffic report stated that defendant engaged in “bizarre” behavior before and after the collision with the plaintiffs. Defendant stated that she had little recollection of either accident. She claimed that she had no control of her actions, and believed that she had “wigged out” or “freaked out” at the time. She also claimed a family history of mental illness. Unrebutted medical expert evidence described the defendant as suffering a “[s]udden, unanticipated onset of mental illness” shortly before colliding with plaintiffs.
Should an actor's standard of care be relaxed by exigent circumstances—such as her car's brakes failing while the actor is driving downhill?
Notes: Defendant's car brakes failed while she was driving downhill. Despite her efforts to maintain control of her car, defendant's car jumped the median strip and struck the plaintiffs' automobile. Defendant's car was equipped with an emergency brake, but she failed to use it before the collision occurred.
This is the old version of the H2O platform and is now read-only. This means you can view content but cannot create content. If you would like access to the new version of the H2O platform and have not already been contacted by a member of our team, please contact us at firstname.lastname@example.org. Thank you.