Middle Section Affirms Summary Judgment Based on Sudden Unforeseeable Physical Incapacity

GEORGE SMITH v. GENERAL TIRE AND EMILY ALEXANDER
Court: TN Court of Appeals

Attorneys:

Herbert Schaltegger, Thomas R. Lewis, Nashville, Tennessee, for the appellant, George Smith.

W. Bryan Brooks, Alisha M. Toll, Benjamin J. Miller, Nashville, Tennessee, for the appellees, General Tire and Emily Alexander.

Judge: COTTRELL

A man who was injured in a head-on collision filed suit against the woman driving the car that hit him and the company that owned the car. The defendants filed a motion for summary judgment, accompanied by affidavits indicating that the woman unexpectedly blacked out just prior to the collision, probably as a result of her diabetic condition. After examining the affidavits of medical experts for both the plaintiff and the defendants, the trial court granted summary judgment to the defendants, holding that the driver’s loss of consciousness was unforeseeable. The plaintiff appeals the summary judgment. We affirm the trial court.

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