FULLER v. PREIS Ct. of App. of N.Y., 35 N.Y. 2d 425, 322 N.E. 2d 263, 363 N.Y.S.2d 568 (1974). CASE BRIEF

FULLER V. PREIS

Ct. of App. of N.Y., 35 N.Y. 2d 425, 322 N.E. 2d 263, 363 N.Y.S.2d 568 (1974)

NATURE OF THE CASE: Fuller (P), executor, appealed the dismissal of his complaint for wrongful death, which held that suicide of the decedent was not proximately caused by automobile accident involving Preis (D), and that Ps evidence was insufficient to withstand dismissal.

FACTS: Dr. Lewis, a 43-year-old surgeon, was involved in an intersection collision. His head struck the frame and window of his automobile. He declined aid and drove himself home. Early the next day he experienced an episode of vomiting. Two days after the accident, he had a seizure followed by others. After a four- or five-day stay in the hospital as a patient he was diagnosed as having had a subdural contusion and cerebral concussion. Medication was prescribed. He sustained recurring seizures, was hospitalized again, was further tested, and after five days, was discharged with diagnosis of 'post traumatic focal seizures'. Then ensued a period of deterioration and gradual contraction of his professional and private activities. Meanwhile, his wife, partially paralyzed as a result of an old poliomyelitis, suffered 'nervous exhaustion' and his mother became ill with cancer. The day he learned of his mother's illness, decedent executed his will. On July 9, after experiencing three seizures that day, he went to the bathroom of his home, closed the door and shot himself in the head. Two suicide notes, both dated July 9, 1967, were found next to the body. One, addressed to his wife, professed his love. The other, addressed to the family, contained information about a bank account and the location of his will and requested discreet disposition of certain personal property. He warned that the note 'must never be seen by anyone except the three of you as it would alter the outcome of the 'case' -- i.e., it's worth a million dollars to you all.' And he went on to say that 'I am perfectly sane in mind' and 'I know exactly what I am doing'. Alluding to the accident, the loss of his office and practice, his mother's and his wife's illnesses, the imposition caused thereby to his children, and his mounting responsibilities, he professed inability to continue. P sued D for wrongful death. P claimed that D was the proximate cause of Lewis' suicide. A verdict of $200,000 was reversed on appeal and the complaint was dismissed on the weight of the credible evidence. P appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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