Friday, October 10, 2014

Fuller v. Preis case brief summary

Fuller v. Preis case brief summary

F: Preis hit Lewis’s car while driving. Lewis thought he was fine, but then started to have epileptic seizures. After seven months, Lewis committed suicide. Fuller, the executor, sued Preis for Lewis’s death.

I: Whether Lewis’s suffering brain damage due to Preis negligent drive led to his eventual suicide

R: it was theorized that Lewis suffered brain damage that led to his eventual suicide and Preis was responsible for the brain damage. 

In general, suicide is superseding cause. However, exception is situations where the nengligence of defendant creates “irresistible impulse” for suicide. (I must do it!!!, is the good indication)

The court held that although suicide is a superseding cause, suicide isn’t a superseding cause for negligence law precluding liability. In tort law, one may retain the power to intend and know, but still have an irresistible impulse to act, and therefore be incapable of voluntary act

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