Cohen v Petty - Procedural History: a. lower court ruled in...

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CASE: Cohen v. Petty Court of Appeals of the District of Columbia 65F.2d 820 (D.C. Cir. 1933) P20 Groner, Associate Justice Facts a. Petty (defendant) and Cohen (plaintiff/appellant) both adult friends. b. Petty (defendant) and Cohen (plaintiff/appellant) were driving home from the country club with Petty behind the wheel of the car. Petty’s wife, Theresa (“Tree” for short), was riding shotgun. Cohen and her sister rode in the backseat. While driving, Petty suddenly announced to his wife that he felt sick then he passed out. His wife grabbed the wheel but was unable to control the car and they crashed. The wreck threw the plaintiff from the car. Defendant has no knowledge of any previous health concerns. c. C/A: defendant failed to exercise reasonable care and is negligent.
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Unformatted text preview: Procedural History: a. lower court ruled in favor of the defendant b. none c. Cohen (plaintiff) appealed stating that defendant failed to exercise reasonable care. Issues: a. substantive issue (i)negligence (ii) The defendant cannot be held negligent for being suddenly stricken by illness while driving. b. procedural issue Disposition: Affirmed Holding: The defendant cannot be held negligent for being suddenly stricken by illness while driving because he had no idea he was going to get ill. Rule of Law or Legal Principle Applied: Reasoning: The defendant cannot be held negligent for being suddenly stricken by illness while driving. Concurring/Dissenting Opinions: Additional Comments/Personal Impressions:...
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Cohen v Petty - Procedural History: a. lower court ruled in...

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