Hammontree v. Jenner
California Court of Appeal
97 Cal. Rptr. 739 (Cal. App. 1971)
Jenner (defendant) had epilepsy, was under a neurologist's supervision, and had complied with all DMV monitoring requirements after his last seizure in 1953. In 1967, while driving, Jenner had a sudden epileptic seizure, lost consciousness, and crashed into Hammontree's (plaintiff) shop, injuring Hammontree and damaging the shop. Hammontree sued on theories of negligence and strict/absolute liability, but dropped the negligence claim. A jury found for Jenner on the absolute liability claim, and Hammontree appealed.
Whether a driver who experiences a sudden physical illness that renders him unconscious and causes an accident during that time is absolutely liable for the resulting damages.