Medical Emergency Causes Accident
A resident of the Honeymoon Mobile Home Park suffered a medical emergency while driving. James Brennan, 77-years-old, was driving a Dodge Stratus when his vehicle struck the side of a mobile home at 1100 Curlew Road, Lot 106. The accident happened at approximately 11:37 a.m. Brennan was taken to Mease Dunedin Hospital and was pronounced dead.
It is a well established principle of tort law that liability for a car accident requires negligence. Negligence essentially means doing something that a prudent (or "reasonable") person would not do. A sudden medical emergency, if it is not foreseeable, is not negligence under generally accepted tort law, including under Florida law. Assuming that Mr. Brennan was not disobeying the advice of his physician by driving, then the damage to the mobile home involved is a homeowner's insurance claim. We hope that the owner of the mobile home has a homeowner's insurance policy to cover this incident as there is some doubt about whether Mr. Brennan's car insurance company is going to pay under these circumstances, particularly if the insurance company is a major carrier.
If you or a loved one has suffered an injury or a has been damaged by a car accident in Polk County or Central Florida, please contact a Central Florida or Polk County car accident attorney for a free consultation.
