Claudio, who has never had prior health issues, suddenly has a heart attack while driving. He runs over a student who is crossing the street, breaking her leg. Which of the following is true?
A) The student can recover upon a showing of injury. Nothing else is required.
B) The student may recover only if the student can show that the student was in the marked crosswalk.
C) It is unlikely that the student can recover because the accident could not have been avoided even with reasonable care.
D) The student can recover in an action for negligence only if it can be shown that Bob had insurance.
E) The student can recover only if the student can establish that the student did not have any medical insurance.

Question

Quizplus · Accepted Answer

The sudden medical emergency that Claudio experienced, which led to the accident, is a factor that could make it unlikely for the student to recover damages, as the accident might be considered unavoidable even with reasonable care. This principle recognizes that some situations are beyond the control of individuals, and liability for damages may not be imposed if the incident could not have been prevented by any means of reasonable care.

Claudio, Who Has Never Had Prior Health Issues, Suddenly Has