California First-Year Law Students' Exam (Baby Bar) — MCTortsEasy
A city bus driver, while on duty, suddenly and unexpectedly suffers a severe, debilitating stroke, causing the bus to swerve and collide with a parked car. The driver had no prior medical history suggesting such an event, and regular medical check-ups showed no abnormalities. The owner of the parked car sues the city for negligence. What defense is the city MOST likely to successfully raise?
- ASudden Incapacitation
- BContributory Negligence
- CAssumption of Risk
- DComparative Negligence
Show answer & explanationAnswer & explanation
Correct answer: A. Sudden Incapacitation
The sudden incapacitation defense applies when a driver experiences a sudden, unforeseeable medical emergency that causes an accident, provided the driver had no warning signs or reason to anticipate the event. Here, the driver's stroke was unexpected and without prior indication, making this defense highly applicable.
Why the other options are wrong
- B. Contributory negligence applies when the plaintiff's own negligence contributed to their injury, which is not applicable to the owner of a legally parked car.
- C. Assumption of risk applies when the plaintiff voluntarily and knowingly encountered a risk, which is not the case for the owner of a legally parked car.
- D. Comparative negligence apportions fault between the plaintiff and defendant, but the parked car owner has no fault in this scenario.
Sudden Incapacitation Defense
The sudden incapacitation defense (also known as the 'sudden emergency' or 'unforeseeable illness' defense) is available when a driver experiences a sudden, unforeseeable physical or mental incapacity that causes an accident, provided there was no prior warning or reason to anticipate such an event.
- Applies to unforeseeable medical emergencies.
- Driver must have no prior warning or knowledge of the condition.
- If successful, negates the element of breach of duty (no negligence).
- Does not apply if the condition was known or foreseeable.
Memory trick: Assume No Contributory Sudden Comparative!