Brannon & Brannon - Fort Walton Beach personal injury attorney
Call For A Free Consultation With Local Attorneys

When Car Accidents Are Caused By Medical Emergencies

WEAR Channel 3 reports a medical emergency caused a driver to run a red light and hit another vehicle. On Saturday morning, a 45-year-old female was driving northbound on Palafox approaching Brent Lane when she suffered a medical emergency and ran a red light. Her 2010 Chevy Equinox hit a 53-year-old male’s 2014 Chevy Equinox. The impact was so significant the 2014 Chevy Equinox rolled over on its right side and hit a highway and car wash signs. The female was taken to Baptist Hospital with serious injuries, however, her 16-year-old passenger suffered minor injuries. As of now, the 53-year-old male has reported only minor injuries.

In Florida, suffering a medical episode, losing consciousness or becoming incapacitated, is not in and of itself negligence. Feagle v. Purvis, 891 So.2d 1096 (Fla. App. 2004). In Feagle, the operator of an airboat (Purvis) “slumped over” causing the boat to strike a swimmer. It was determined the airboat operator died suddenly from atherosclerotic heart disease. In order to establish the defense of sudden and unexpected loss of consciousness, the defendant must prove the following:

1.The defendant suffered a loss of consciousness or capacity. See, e.g., Bridges v. Speer, 79 So.2d 679, 681 (Fla. 1955); Wilson v. The Krystal Co., 844 So.2d 827 (Fla. 5th DCA 2003).

2.The loss of consciousness or capacity occurred before the defendant’s purportedly negligent conduct. Malcolm v. Patrick, 147 So.2d 188, 193 (Fla. 2nd DCA 1962).

3.The loss of consciousness was sudden. Baker v. Hausman, 68 So.2d 572, 573 (Fla. 1953); Malcolm, supra.

4.The loss of consciousness or capacity was neither foreseen, nor foreseeable. See, e.g., Baker, supra; Wilson, supra; Wingate v. United Servs. Auto. Ass’n., 480 So.2d 665 (Fla. 5th DCA 1986); Malcolm, supra.

Source: http://www.weartv.com//news/features/top-stories/stories/medical-emergency-caused-rollover-crash-62729.shtml#.VmQ7vWBdGUk

Categories

Archives

FindLaw Network
atto image

Father And Son Team Working Together To Serve Our Clients

Our legal team consists of attorney Wm. Dennis Brannon and his son C. Paul Brannon. We work together as a father and son team to provide our clients with exceptional service and solutions in motor vehicle accident claims and other personal injury matters.
Contact Us Today
atto image
AV Preeminent | Judical Edition
Judical Edition| AV Preeminent 2018| Wm. Dennis Brannon| Highest Possible Rating in Both Legal Ability and Ethical Standards Reflecting the confidential opinions of members of the Bar and Judiciary
Wm. Dennis Brannon | Highest Possible Peer Review Rating In Legal Ability & Ethical Standards
avvo

We Handle Cases on a Contingency Fee Basis
Tell Us About Your Case - Free Consultations