(no subject)
Presenting.....
Mike's first CASE OF THE WEEK
Breunig v. American Family Ins. Co.
The driver in this case saw a white light on the car in front of her and followed it (the light, not the car) for three or four blocks. At this point, she believed God had taken control of her car. When she came upon an oncoming truck, she hit the gas because she knew that would all her to fly over the plaintiff's truck, "because Batman does it." She next remembers being in a field, and then waking up in the hospital.
The issue in this case is whether a person who suffers from a sudden onset of insanity is liable for negligence. If there is absolutely no forewarning, then (in Wisconsin), they are not. However, the woman in this case had some forewarning (or at least what a jury could have decided was forewarning), because she had previously disclosed that she had a special relationship with God and that she was the chosen one to survive at the end of the world. In most jurisdictions, however, the law makes no allowance for any insanity in a negligence claim, even if the insanity is sudden onset without forewarning. So don't get any ideas about how to get out of a future negligence claim against you :-p.
I'm Batman.
Mike's first CASE OF THE WEEK
Breunig v. American Family Ins. Co.
The driver in this case saw a white light on the car in front of her and followed it (the light, not the car) for three or four blocks. At this point, she believed God had taken control of her car. When she came upon an oncoming truck, she hit the gas because she knew that would all her to fly over the plaintiff's truck, "because Batman does it." She next remembers being in a field, and then waking up in the hospital.
The issue in this case is whether a person who suffers from a sudden onset of insanity is liable for negligence. If there is absolutely no forewarning, then (in Wisconsin), they are not. However, the woman in this case had some forewarning (or at least what a jury could have decided was forewarning), because she had previously disclosed that she had a special relationship with God and that she was the chosen one to survive at the end of the world. In most jurisdictions, however, the law makes no allowance for any insanity in a negligence claim, even if the insanity is sudden onset without forewarning. So don't get any ideas about how to get out of a future negligence claim against you :-p.
I'm Batman.