Monday, November 11, 2013

Hamontree v. Jenner case brief

Hamontree v. Jenner case brief summary
97 Cal. Rptr. 739 (Cal. App. 1971)

Appeal from the Superior Court of Los Angeles County (California), upon a jury verdict rendered in favor of defendant in plaintiff's personal-injury action.


Plaintiffs sued defendant for personal injuries and property damage arising out of an automobile accident. The cause was tried to a jury. Plaintiffs appealed from a judgment returned against them and in favor of defendant. The issue was whether the lower court erred in refusing to give an absolute-liability instruction pertaining to defendant's operation of his vehicle while having knowledge of his history of epilepsy.


  • The court affirmed, holding that principles of negligence applied to the liability of a driver for injuries resulting from an accident that occurred during the time in which the driver was suddenly stricken by an illness rendering him unconscious.


Judgment affirmed because the instruction tendered by appellants was properly refused. Principles of negligence govern personal injury cases arising out of automobile accidents.

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