California First-Year Law Students' Exam (Baby Bar) — MCTortsMedium
A city bus driver, while on duty, experienced a sudden, unforeseeable heart attack, causing the bus to swerve and collide with a parked car. The driver had no prior medical history of heart conditions and had passed all required physical examinations. The owner of the parked car sued the bus driver for negligence. Is the bus driver likely to be found negligent?
- ANo, because the driver was acting within the scope of employment.
- BYes, because drivers are held to a higher standard of care.
- CYes, because the driver was operating a public vehicle and caused damage.
- DNo, because the heart attack was a sudden emergency and unforeseeable.
Show answer & explanationAnswer & explanation
Correct answer: D. No, because the heart attack was a sudden emergency and unforeseeable.
A sudden and unforeseeable physical incapacitation, such as a heart attack without prior warning, generally negates the element of breach of duty in negligence. The driver's actions were not voluntary or negligent under these circumstances.
Why the other options are wrong
- A. Scope of employment is relevant for vicarious liability against the employer, but does not absolve the driver of personal negligence if it existed.
- B. Professional drivers do have a higher standard of care, but this applies to voluntary acts, not unforeseeable medical emergencies.
- C. While damage occurred, negligence requires a breach of duty, which is absent here due to the sudden incapacitation.
Sudden Incapacitation (Negligence)
A defense or a factor negating breach of duty in negligence, where a defendant experiences a sudden, unforeseeable physical incapacitation that causes an accident.
- Incapacitation must be sudden and unforeseeable.
- No prior warning signs or medical history of such conditions.
- Applies to conditions like heart attacks, strokes, seizures.
- If foreseeable (e.g., known medical condition), the defense typically fails.
Memory trick: Compare Risks, Contribute Less, Assume Nothing Suddenly.