Mark D. Tinker recently obtained an appellate reversal of a significant trial court judgment. Our client suffered a sudden seizure while driving her work truck and, as a result, struck the plaintiff’s vehicle as it sat at a stop light. Under Florida law, a sudden loss of consciousness is a complete defense to a negligence action as long as the loss was unforeseeable. The trial court nevertheless allowed the plaintiff to go to trial and recover over $600,000 in damages, but the Second District has now reversed and remanded the case with instructions to enter judgment in our client’s favor.
