Tort Law

This page within Virginia Tort Case Law is a compilation of cases reported by the Virginia Supreme Court and summarized by Brien Roche dealing with the topic of Illness of Operator and the related topic of vehicle accidents. For more information on traffic crashes se the pages on Wikipedia.

Illness of Operator-Cases

1981 Hemming v. Hutchison, 221 Va. 1143, 277 S.E.2d 230.

Evidence that defendant had epileptic seizure and collided with on-coming vehicle. This met defendant’s burden of going forward as to why on wrong side of road.

1972 Myers v. Sutton, 213 Va. 59, 189 S.E.2d 336.

Defendant drove car into office of service station; station operator injured. Testimony by police officer as to odor of alcohol on breath and partially concealed can of beer relevant to show defendant’s physical condition. Sudden illness and lack of intoxication alleged by defendant. Sudden illness instruction improper as it put burden of proof on defendant. Burden of proof never shifts.

1969 Witt v. Merricks, 210 Va. 70, 168 S.E.2d 517.

Defendant had epileptic seizure. If defendant stricken with sudden illness of which he had no prior warning, then he is not chargeable with negligence.

1968 Brinser v. Young, 208 Va. 525, 158 S.E.2d 759.

Illness of operator.One who is suddenly stricken by illness, which he had no reason to anticipate, while driving automobile, which renders it impossible for him to control car is not chargeable with negligence.