COHEN V. PETTY
Ct. of App. of D.C., 62 App.D.C. 187, 65 F.2d 820 (1933)
NATURE OF THE CASE: This was an action in negligence for personal injury.
FACTS: Petty's (D) guest, Cohen (P), was injured when D lost control of his car and it
crashed against an embankment on the side of the road. P received permanent injuries. There
were four occupants in the car and evidence was introduced that the accident may have been
caused when D suddenly fainted. D had never experienced fainting before. This evidence was
uncontroverted. D received a directed verdict from the trial court in his favor; no action
in negligence can lie when the act causing injury was involuntary, unanticipated, and
outside the control of the actor. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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