Bird v. Hart

My view is that the majority holdings in the instant cases and in the case of Spalding v. Waxler, 2 Ohio St. 2d 1, establish too drastic a rule against the driver of a motor vehicle who is unfortunate enough to collide with another vehicle due to a sudden failure of brakes or other equipment of which he had no prior warning and which he had no reason to foresee. He is now made virtually an insurer and cannot rely on the affirmative defense of unavoidable accident except in a very limited number of instances.

To my way of thinking, whether a particular occurrence involving a sudden, unexpected…