ANN J. SCHURER, APPELLANT,
v.
KENNETH ALLEN KOCH, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that a defendant's history of medical issues, including migraines and retinal problems, creates a genuine issue of material fact regarding the foreseeability of a sudden loss of consciousness defense.
[1] A driver's claim of sudden and unforeseeable loss of consciousness as a defense to a negligence claim arising from a motor vehicle accident is a question for the trier of…
[2] Self-serving statements in interrogatories are generally insufficient to establish the absence of a genuine issue of material fact for summary judgment purposes.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligencePlaintiff sued defendant for negligence after a rear-end collision. Defendant moved for summary judgment, asserting a defense of sudden and unforeseea…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Foreseeability cases and more on FLexlaw
[*619] WHATLEY, Judge.
Ann J. Schurer appeals the final summary judgment entered in favor of Kenneth Allen Koch in her negligence action against him for damages caused by his rear-ending her automobile while she was stopped at a red light. We reverse.
In his motion for summary judgment, Koch alleged as a complete defense that he had experienced a sudden and unforeseeable loss of consciousness prior to the collision. See Tropical Exterminators, Inc. v. Murray, 171 So. 2d 432, 433 (Fla. 2d DCA 1965) (“It is well settled that negligence is not chargeable against the operator of a motor vehicle who, while driving, suffers a sudden loss of consciousness from an unforeseen cause.”). Under the facts of this case, the viability of this defense was a question for the trier of fact to resolve.
In support of his motion for summary judgment, Koch filed his and Schurer’s depositions, as well as their answers to interrogatories. He presented the trial court with no affidavits or depositions from members of the medical community. Further, in his deposition, Koch revealed that he had a long history of migraine and retinal problems. Koch’s self-serving statements in his answers to interrogatories that “I was unconscious before impact; I had passed out 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 heart attack which he had no reason to expect.
Accordingly, this matter is reversed and remanded to the trial court for proceedings consistent with this opinion.
Reversed and remanded.
FULMER, A.C.J., and SCHEB, JOHN M., (Senior) Judge, Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Dena Wilson v. THE Krystal Co., 844 So. 2d 827 (Fla. 5th DCA 2003)…ndeed, a driver’s unsubstantiated affidavit that he had migraines and low blood sugar that must have caused him suddenly to black out does not support a summary judgment, and presents a question for the trier of fact to resolve. See Schurer v. Koch, 741 So. 2d 618 (Fla. 2d DCA 1999). This same theory applies by analogy to the present ease. Ms. Wilson failed to eat or drink beyond a sip of a soft drink for [*829] an extended time, and spent most of the day in the sun. She became faint and had to sit down. Af…
Authorities Cited
- Tropical Exterminators, Inc. v. Murray, 171 So. 2d 432 (Fla. 2d DCA 1965)
- Bryant v. State, 480 So. 2d 665 (Fla. 5th DCA 1985)