Presleigh v. Lewis

Defendants appeal from a judgment n.o.v. or in the alternative a new trial.

On January 20, 1973, a physician gave the defendant, Jack Lewis, an anti-nauseant injection in the arm for treatment of a flu condition. Defendant left the physician’s office, got in his car and while driving home he blacked out. His car left North Crestline Street in Spokane and crashed into a house owned by the plaintiffs, James E. and Barbara J. Presleigh, causing substantial damage.

The evidence shows that on January 19, 1973, the defendant, while at work, began feeling ill and thought he was *213suffering from the flu.…