Bashi v. Wodarz

45 Cal.App.4th 1314 (1996)

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Nature of the Case

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Facts

D was involved in a rear-end auto accident with a third party. She left the scene without stopping. A short time later, D was involved in a second automobile accident with the Ps. D has little recollection of either event occurring, and she engaged in some 'bizarre' behavior before and after the collision with Ps. Ps sued D for negligence. At trial, D produced unrebutted medical expert evidence indicating the accident was unavoidable due to D's sudden, unanticipated onset of mental illness shortly before the impact. The trial court denied Ps' claims and gave D summary judgment. Ps' appealed.