Tuesday, October 16, 2007

Superman

Here's a funny case that I read the other day...Some old lady was driving home after dropping off her husband at work. She was following a car when she suddenly saw a bright light shining on the back. She was confident that it was God taking hold of the steering wheel and guiding her to safety. The problem was that she was driving down the wrong way of a two-way highway. Call me crazy, but I'm pretty sure God would have kept her in her own lane. Wait, it gets better. During the trial, her psychiatrist testified that she previously confronted him about her belief that God wants her to be the last person remaining when the world comes to an end. Back to the driving experience...As she was driving in the wrong direction down the highway, she noticed a large truck coming head-on. Pfff, no big deal; she stepped harder on the gas. Her assumption was that God was going to spring board her into the air and take flight to avoid the collision. She claimed that she knew she could fly, because Batman was capable of doing so. The driver of the truck sued for damages based on a negligence claim. Of course he won, but the courts actually gave consideration to her temporary insanity claim. The court held that when driving a motor vehicle, an insanity claim is only a valid defense if the consequences resulting from a particular act are sudden and unforseeable. In other words, it must be similar to a person experiencing a heart attack that has no prior history of ever having one. If a person has reason to believe that a grave danger is forseeable due to past history or the severity of the illness/insanity, then she is liable for damages on an insanity claim.

Batman wannabes shall be tossed in the looney bin. I say yank her license and buy her a cane.

1 comment:

In Debt I am said...

Now that you mention that...It's the same chick!!! No wonder why I was able to relate to the case so easily.