Hammontree v. Jenner – Case Brief
Hammontree v. Jenner, 20 Cal.App.3d 528, 97 Cal.Rptr. 739 (Cal.App. 2 Dist.1971).
Subject Matter: Appeal of a case involving personal injuries and property damage arising from a car accident.
Facts: Jenner (D) had an epileptic seizure and lost consciousness while driving his car. D’s car crashed into Hammontree’s (P) store. D had had seizures in the past but had not had one in several years and the DMV had issued him a license to drive. P pursued strict liability damages rather than negligence. D argued that he was not liable because he had taken all necessary precautions to prevent a seizure and the accident was unforeseeable. At trial, the court entered judgment in favor of D and P appealed on the grounds that the court erred in not granting P’s motion for summary judgment based on strict liability.
Issue: What standard of liability is applied in determining damages where the defendant suffers a seizure while driving causing him to have an automobile accident?
Holding and Rule: The driver is only liable if the seizure is foreseeable and he took no special actions to prevent it. The standard for liability is essentially negligence. D did not have a reason to expect to have a seizure and was therefore not liable.
Disposition: Affirmed.