Roman v. Estate of Gobbo
99 Ohio St.3d 260, 791 N.E.2d 422 (2003)
Gobbo had heart surgery. The doctors did not advise Gobbo
to stop driving, because he was at risk for a sudden heart attack.
Gobbo drove, had a heart attack, died, and his car ran
into two other cars, killing and injuring some of the occupants (including
Gobbo's wife).
Roman sued Gobbo's Estate for negligence.
At Trial, the jury was instructed on the sudden-medical-emergency
defense.
The sudden-medical-emergency defense would be an
excuse for negligence if Gobbo's Estate could prove that Gobbo's heart
attack was not reasonably foreseeable.
See Lehman v. Haynam (133 N.E. 2d 97 (1956)).
The Trial Court found for Gobbo's Estate. Roman appealed.
Even though Gobbo was at fault, the jury found that the
heart attack was not foreseeable. This is a question of fact
that the Appellate Court can't overrule.
The Appellate Court affirmed.
The Appellate Court found that in order to be found
negligent, a defendant must have acted unreasonably. When there is no
unreasonable conduct, there is no fault.
To find a defendant liable for the effects of unforeseen
medical emergencies would be to impose strict liability, which is
inappropriate.
Roman unsuccessfully argued that drivers who operate a
vehicle with knowledge of medical condition should bear the risk of
injuries caused by that condition.
Of course, then anyone with an inkling of a possible
medical condition would be precluded from using the sudden-medical-emergency
defense.
Note that this rule doesn't work the other way around for contributory negligence.
A blind person can't be held contributorily negligent for not
seeing an obvious hole in the ground and falling in.
See Shepard v. Gardner Wholesale, Inc. (256 So.2d
877 (1972)).