Cohen v. Petty Ct. Of App. Of D.C.,

62 App.D.C. 187, 65 F.2d 820 (1933)

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Nature of the Case

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Facts

Petty's (D) guest, Cohen (P), was injured when D lost control of his car, and it crashed against an embankment on the side of the road. P received permanent injuries. There were four occupants in the car and evidence was introduced that the accident may have been caused when D suddenly fainted. D had never experienced fainting before. This evidence was uncontroverted. D received a directed verdict from the trial court in his favor; no action in negligence can lie when the act causing injury was involuntary, unanticipated, and outside the control of the actor. P appealed.