Eleason v. Western Casualty & Surety Co.

There are three questions to be determined on this appeal: (1) Was Luer negligent in operating a truck when he was subject to epileptic seizures ? (2) Does a cause of action for wrongful death survive the death of the widow of L. C. Brown? (3) For whose benefit does a cause of action exist ?(1) Was Luer negligent in operating a truck when he was subject to epileptic seizures ? The trial court held that he was not. The court regarded the running down of deceased as having enough of the elements of an unavoidable accident to excuse Luer from all liability for the death of Brown. In the…