Bashi v. Wodarz
Court of Appeal of California
45 Cal. App. 4th 1314 (1996)
Relevant factsFree
Wodarz was involved in a car accident with a third party, fled the scene, and shortly afterward collided with Bashi and Akhtar (plaintiffs). At trial, Wodarz testified she had no control over her actions during the incidents and remembered little about either one. She moved for summary judgment, arguing that a sudden mental illness meant she could not be negligent as a matter of law. The trial court granted the motion, and Bashi and Akhtar appealed.
IssueFree
Whether, in an action for negligence, a mentally disabled person is subject to the same standard of care as a sane person.