California Court of Appeal
97 Cal. Rptr. 739 (Cal. App. 1971)
Jenner (defendant) was diagnosed with epilepsy in 1952. He was placed under constant supervision by a neurologist and was given various medications to control his seizures. His last seizure was in 1953. In 1955, the Department of Motor Vehicles imposed a requirement that Jenner check in with a doctor who would advise the department of Jenner’s condition and fitness to drive. Jenner complied with all requirements. In 1967, while driving his car, Jenner had an epileptic seizure and lost consciousness. His car crashed into a shop owned by Hammontree (plaintiff), causing damage to the shop and injury to Hammontree. Hammontree brought suit against Jenner on theories of negligence and absolute liability. Hammontree dropped the negligence claim, and a jury held for Jenner on the absolute liability claim. Hammontree appealed.
Rule of Law
Holding and Reasoning (Lillie, J.)
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