Hammontree v. Jenner

Facts

Jenner’s car crashed through the wall of the Hammontrees’ bicycle shop, striking Maxine Hammontree and causing personal injuries and damage to the bicycle shop.

Jenner claimed that he lost control of his car due to an epileptic seizure. Jenner testified that he had a medical history of epilepsy confirmed by examination of several neurologists from 1952 through the date of this car crash accident in 1967. The Department of Motor Vehicles put Jenner on probation around 1955 and required him to report to a doctor on a regular basis to evaluate his condition. Jenner regularly took the medication prescribed by his physician and followed all guidance from doctors. Jenner’s physician testified that he believed that it was safe for Jenner to drive given the precautions Jenner had taken.

Jenner claimed that he had no warning he would have a seizure prior to the accident and that he knew of no other reason for his loss of consciousness.

The Hammontrees claim that the trial court committed prejudicial error in refusing to give a jury instruction on absolute liability that would subject Jenner to liability for all injuries and property damage suffered as a proximate result of Jenner’s inability to control his car, even if Jenner had no warning of his impending seizure. The Hammontrees equated Jenner’s unique knowledge of his epileptic condition to a products liability case in arguing for absolute liability.

During the trial, the Hammontrees withdrew their claim of negligence and stood solely on the theory of absolute liability, waiving both the opening and closing jury arguments. Jenner argued the cause to the jury after which the trial judge read a series of negligence instructions.