BASHI V. WODARZ
45 Cal.App.4th 1314 (1996)
NATURE OF THE CASE: Bashi (P) sought review of a judgment which granted Wodarz's (D)
motion for summary judgment and dismissed Ps' complaint holding that D was not negligent as
a matter of law due to a sudden unanticipated mental disorder.
FACTS: D was involved in a rear-end auto accident with a third party. She left the scene
without stopping. A short time later, D was involved in a second automobile accident with
the Ps. D has little recollection of either event occurring and she engaged in some
'bizarre' behavior before and after the collision with Ps. Ps sued D for negligence. At
trial D produced unrebutted medical expert evidence indicating the accident was unavoidable
due to D's sudden, unanticipated onset of mental illness shortly before the impact. The
trial court denied Ps' claims and gave D summary judgment. Ps' appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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