Bar Exam — MBE (Multistate Bar Exam)TortsMedium
A city bus driver, while on her route, suffered a sudden and unexpected heart attack, causing her to lose control of the bus. The bus veered onto the sidewalk, striking and injuring a pedestrian. The bus driver had no prior history of heart conditions, and a recent medical examination, required by her employer, had shown her to be in excellent health. The injured pedestrian sued the bus driver for negligence. Which of the following defenses is most likely to succeed for the bus driver?
- AAssumption of risk, as public transportation carries inherent risks.
- BSudden emergency doctrine, as the heart attack was unforeseen.
- CLack of capacity, as she was medically incapacitated at the moment of impact.
- DContributory negligence, as the pedestrian was on a public sidewalk.
Show answer & explanationAnswer & explanation
Correct answer: B. Sudden emergency doctrine, as the heart attack was unforeseen.
The sudden emergency doctrine applies when a person is confronted with a sudden, unforeseen, and unexpected emergency not of their own making. In such circumstances, the standard of care is that of a reasonably prudent person in the same emergency, which often excuses actions that might otherwise be negligent.
Why the other options are wrong
- A. A pedestrian on a sidewalk does not assume the risk of being struck by a bus due to the driver's sudden medical emergency.
- C. While she was incapacitated, 'lack of capacity' as a defense typically refers to minors or individuals with severe mental disabilities, not a sudden, unforeseen medical event. The sudden emergency doctrine is more appropriate here.
- D. Being on a public sidewalk does not constitute contributory negligence for being struck by a runaway vehicle.
Sudden Emergency Doctrine
A defense in negligence cases where a person is confronted with a sudden, unexpected, and unforeseen peril not of their own making, excusing actions that would otherwise be negligent.
- Emergency must be sudden and unexpected.
- Emergency must not be caused by the defendant's own negligence.
- Defendant must act as a reasonably prudent person would in the same emergency.
Memory trick: Contribute, Assume, or Emergency: Your Shield Against Blame.