Okay it’s time to ponder another edition of what do you think? Maxine was diagnosed 10 years ago with diabetes she checks her glucose levels each day and she’s never suffered from a diabetic blackout. One evening in her car Maxine begins to pass a slower moving vehicle and she crosses into the oncoming lane. She’s unable to get back into the proper lane and she crashes into the oncoming car unfortunately killing the other driver. Maxine claims she suffered a blackout she can’t recall the collision at all and the evidence is that at the scene of the accident EMTs administered glucose to Maxine. So tell me what you think. Should Maxine be liable for the other drivers death or is her conduct excused because she suffered a sudden emergency? What type of conduct do you think it should take to give rise to a sudden emergency? Let me hear what you’ve got to say.
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