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Torts Keyed to Prosser
Cohen v. Petty
Facts
Plaintiff and his sister were riding in the back of a car driven by Defendant with Defendant’s wife in the passenger seat. Plaintiff suffered injuries when Defendant lost control of the car and drove it off the road. Plaintiff and his sister testified that the car was traveling at an excessive speed, but Defendant’s uncontested evidence showed that he fainted just before losing control of the car, that he had no reason to expect that such a fainting spell would occur, and that this is what caused the accident.
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