Hernandez v. Mishali
After a jury found the rear driver negligent in a multi-plaintiff auto collision case, a successor judge who had not presided over the trial granted a post-trial directed verdict for the defendant based on his sudden-loss-of-consciousness (syncope) defense. The Third DCA reversed, holding that conflicting evidence about the defendant's driving, medical history, and the expert's incomplete foundation permitted a reasonable jury to reject the defense, and directed reinstatement of the liability verdict.
Key facts
- Multi-vehicle rear-end collision where a jury found the rear driver negligent despite the defendant's assertion that he suddenly lost consciousness due to syncope.
- After trial, a successor judge who did not preside over the case granted a post-trial directed verdict in favor of the defendant based on the sudden loss of consciousness defense.
- +2 more key facts with a free trial
Why it matters
Useful authority for plaintiffs' counsel confronting the sudden-loss-of-consciousness defense in rear-end collision cases: the opinion catalogs the four Marcum elements, distinguishes Marcum on corroboration grounds… — full analysis with a trial
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