Question

PLEASE HELP ASAP!!!

Jack, a careful driver with no history of heart disease, was legally driving along a highway at fifty miles per hour. Suddenly, he had a massive heart attack. His car swerved into the oncoming lane; and Diego, the driver of an approaching truck,
was severely injured in the crash. Jack died soon after. Is his estate liable to Diego?

What is the rule of law?

Answer 1

Torts: prima facie elements of Negligence - (1) duty owed (2) breach of duty (3) actual cause (4) proximate cause (5) damages

General rule-
1. Every person has a duty to act as a reasonably prudent person would under like circumstances.

2. Duty is breached when such reasonable care is not exercised

3. But for the defendant’s action the harm would not have occurred

4. An event that is not reasonably foreseeable cannot be said to have proximately caused the ensuing damage.
(NOTE: this is the rule that could free Diego from liability in a claim of negligence. Jack’s estate may not liable because based on the facts that he had no history of heart disease and was legally driving it was not reasonably foreseeable that he would swerve into oncoming traffic and injure Diego)