Unformatted text preview: (ii) b. procedural issue: Holding: That while insanity could be a defense in a negligence action, it was for the jury to decide whether the facts underpinning an expert opinion were true. Rule of Law or Legal Principle Applied: “…There must be an absence of notice or forewarning to the person that he may be suddenly subject to such a type of insanity or mental illness.” Reasoning: Evidence of past conduct permitted the jury to conclude that Def could have foreseen the mental Disposition (judgment): Affirmed. Concurring/Dissenting Opinions: Additional Comments/Personal Impressions:...
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- Fall '09
- Law, def, American Family Ins, b. procedural issue, Plaintiff/Philip Breunig Defendant/American, a. substantive issue