Word v. Jones ex rel. Moore

EAGLES, Chief Judge.

We first consider whether the trial court erred in allowing the jury to consider defendant’s incipient affliction with Alzheimer’s disease as a defense and whether there was sufficient evidence to support the defense that plaintiff suffered a sudden medical incapacitation resulting from transient ischemic attack or cardiac arrhythmia.

The plaintiff argues that “the trial court improperly extended the doctrine of sudden medical incapacitation to excuse the conduct of a driver who may have been confused because of her ‘early Alzheimer’s disease.’ ” Plaintiff first argues that…