University:
University College London
Course:
LAWS0013 | Tort Law
Academic year:

2024
Views:

262

Pages:

1
Author:

esfredint7qo

Cohen v. Petty Court of Appeals of the District of Columbia¸1933 62 App.D.C.187,65,F.2d.820 Parties:   Cohen, Appellant Petty, defendant, appellee Facts: Petty was driving a car with the Plaintiff, her sister and his wife. He lost control of the care due to a fainting spell and the car ran off the road into an embankment on the side of the road. The Plaintiff and her sister were thrown from the vehicle. Procedural History: Trial courts ruled in favor of the defendant. Basis for the Dispute:  Cohen is seeking damages from the defendant due to her permanent injuries from the accident. She stated the driver was driving recklessly and speeding while the defendant stated he fainted. Issue: Is a defendant liable for damages arising from an event if that event was unforeseen and no possibility of knowing of the event is possible? Parties Arguments: Cohen: Is seeking damages because she states the driver was driving recklessly and at high speeds. Although she does admit to hearing the defendant state he did not feel well and immediately after the crash occurred, she is still claiming liability on the part of the driver for her permanent injuries. Petty: The defendant was driving down the road and said to his wife that he did not feel good. She responded by saying what is the matter. Immediately following the car swerved off the road into the embankment. The defendant states he never had prior history of fainting so did not know it could be an issue. Does not feel he could be liable when the event was unforeseeable and unintentional. Holding: The court decided the defendant was not liable due to the fact that this illness he suffered was in no way anticipatable and therefore the defendant is not guilty of negligence nor is liable for the accident. Court’s reasoning: Since the events were unforeseeable there was no negligence involved and the defendant could not be held liable.