Fuller v. Preis
New York Court of Appeals
322 N.E.2d 263, 35 N.Y.2d 425, 363 N.Y.S.2d 568 (1974)
- Written by Michael Beverly, JD
Facts
Dr. Lewis was in a car accident caused by the defendants (collectively, Preis). He hit his head in the accident, and he began experiencing epileptic seizures—a total of 38 over the course of the following seven months. On one particular day, Lewis experienced three seizures, was unresponsive to his daughter, and locked himself in the bathroom, where he was overheard saying, “I must do it.” Lewis then committed suicide in the bathroom. The executor of Lewis’s estate, Fuller (the executor) (plaintiff), brought a wrongful-death suit against Preis. The trial court found in favor of the executor. The New York Supreme Court, Appellate Division set aside the verdict and dismissed the complaint. The executor appealed.
Rule of Law
Issue
Holding and Reasoning (Breitel, J.)
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