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Torts Keyed to Franklin
Hammontree v. Jenner
Citation:
20 Cal.App.3d 528, 97 Cal.Rptr. 739.
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
Defendant, Mr. Jenner, suffered from epileptic seizures and suffered from one when he crashed into plaintiff’s Mr. and Mrs. Hammontree’s bike shop. During this accident, Mrs. Hammontree suffered personal injuries. Mr. Jenner had suffered from epileptic seizures since 1952, when he experienced his first. Since then, he has been treated by Dr. Hyatt. He suffered from another seizure in 1953 and was diagnosed as a person with epilepsy. In 1954 the defendant was prescribed Dilantin, and in 1955, he was prescribed phelantin. Defendant has taken phelantin from 1955 to 1967, the year of the accident. The department of Motor Vehicle is aware of the defendant’s conditions and he was placed on probation under which every six months he had to report to the doctor and advise the department in writing. In 1960 this review turned annual. At trial Dr. Hyatt testified to believing that with the medication the defendant was safe to drive. The plaitniff’s brought suit against the defendant.
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