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Fuller v. Preis

Court of Appeals of New York
322 N.E.2d 263 (N.Y. 1974)

Facts

Dr. Lewis was in a car accident caused by the defendants. 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 (plaintiff) brought a wrongful death suit against the defendants including Preis. The trial court found in favor of the executor. The Supreme Court of New York, Appellate Division set aside the verdict and dismissed the complaint. The executor appealed.

Rule of Law

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Issue

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Holding and Reasoning (Breitel, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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