Roman v. Estate Of Gobbo

99 Ohio St.3d 260, 791 N.E.2d 422 (2003)

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Nature of the Case

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Facts

An automobile driven by D struck a glancing blow to a vehicle, accelerated, left the right side of the roadway for a time, returned to the roadway, went off the right side of the roadway again and ran over a road sign, eventually returned to the roadway, went left of center, and collided with at least two southbound vehicles before coming to a halt. D was pronounced dead after the incident, as was his wife, a passenger in his automobile. Spencer Schaffer, (P) who was the driver of a southbound vehicle, and Ronald Gold (P), a passenger in Schaffer's vehicle, were killed as a result of the accident. William Gold (P), who was also a passenger in Schaffer's vehicle was injured and Walter Roman (P), the driver of another southbound vehicle. Ps filed suit against the estate of D. D asserted the defense of 'sudden medical emergency,' or 'blackout.' D suffered an incapacitating heart attack prior to the incident and therefore was not responsible for the accident and not negligent. Ps presented several eyewitnesses to the accident and a Cleveland police officer from the city's Bureau of Traffic, Accident Investigation Unit. D had died of hypertensive atherosclerotic cardiovascular disease, described as a narrowing of the coronary arteries restricting blood flow to the heart, and not from trauma suffered in the accident. A Dr. Koehler reviewed for the jury D's medical records, which covered his history of heart problems. He observed that D had complained to his physician several times of ongoing claudication in his legs, which is pain caused by narrowing of the arteries, brought on by walking or other leg exertion. Dr. Koehler offered the opinion, that D's driving should not have been restricted and that D suffered sudden cardiac death that could not have been foreseen and that rendered him unconscious and unable to control his auto. D had heart bypass surgery in 1979 and had been monitored for his heart condition since that time. D had visited physicians several times complaining of chest pain in the 1980s and 1990s and was prescribed nitroglycerin for angina in 1983. Four months before the accident D continued to report intermittent claudication of his legs. The trial judge charged the jury on the sudden-medical-emergency defense. D got the verdict. The jury found that D suffered a heart attack prior to the first collision; and that the heart attack was not reasonably foreseeable.