ARTHUR BRYANT, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Schurer v. Koch, 741 So. 2d 618 (Fla. 2d DCA 1999)
  …because of low blood sugar. It is the first time it has ever happened,” were not sufficient to establish the absence of a genuine issue of material fact and the entry of summary judgment in his favor. Compare Wingate v. United Services Auto. Ass’n, 480 So. 2d 665 (Fla. 5th DCA 1985), in which the motion for summary judgment asserting that the driver lost control of the vehicle when he suffered an unexpected heart attack was supported by affidavits from physicians which confirmed that the driver died of a hea…
• Leonidas Abreu v. F.E. Dev. Recycling, Inc., 35 So. 3d 968 (Fla. 5th DCA 2010)
  …loss of consciousness was sudden. See, e.g., Baker v. Hausman, 68 So. 2d 572, 573 (Fla.1953); Malcolm. 4. The loss of consciousness or capacity was neither foreseen, nor foreseeable. See, e.g., Baker; Wilson; Wingate [v. United Servs. Auto Assoc., 480 So. 2d 665 (Fla. 5th DCA 1985)]; Malcolm. Feagle, 891 So. 2d at 1099. In this case, it is undisputed that Woo-dall lost consciousness while driving when he suffered a brain aneurism, and that his loss of consciousness caused the collision which injured Abreu…
• Marcum v. Hayward, 136 So. 3d 695 (Fla. 2d DCA 2014)
  …8 So. 2d 572, 573 (Fla.1953); Malcolm [, 147 So. 2d at 193]. 4. The loss of consciousness or capacity was neither foreseen, nor foreseeable. See, e.g., Baker [, 68 So. 2d at 573]; Wilson [, 844 So. 2d at 828]; Wingate [v. United Servs. Auto. Ass’n, 480 So. 2d 665, 666 (Fla. 5th DCA 1985) ]; Malcolm [, 147 So. 2d at 193]. Feagle, 891 So. 2d at 1099. Ms. Marcum successfully established her defense. It is undisputed that Ms. Marcum lost consciousness while driving as a result of a cryptogenic seizure. Her tes…

Authorities Cited

• Llanos v. State, 401 So. 2d 848 (Fla. 5th DCA 1981)