A Recent Ohio Case

Roman v. Estate of Gobbo (2003)

Facts
While driving, Mr. Gobbo suffered a heart attack and died. His car then struck several people, resulting in both injuries and death. Ohio law held that sudden medical emergency was an absolute defense against liability. However, the Ohio Supreme Court retains the power of discretionary review. This case gave the court an opportunity to reassess the law.

The plaintiff put forth multiple arguments:
-This law is unfair to individuals with mental illness. They do not enjoy the same protections as people with physical illness.
-If the injuries were caused by sudden mechanical emergency, there would be no absolute defense against liability. Medical emergency should be treated no differently.
-When damages are severe, the injured deserve to be made whole. When no one is at fault, the party who caused the injury should be liable.

Questions
1. Should the court strike the medical emergency defense in order to balance the rights of individuals with physical and mental illness?
2. Should the court strike the medical emergency defense on the grounds that there is no similar defense for mechanical emergency?
3. If Gobbo was not at fault, should he still be held liable since he caused serious injury?

Holding
1. No
2. No
3. No

Reasoning
1. If anything, the court will expand the rights of people with mental illness before it strikes the sudden medical emergency defense.
2. Mechanical emergency is more likely to be foreseeable.
3. This issue must be applied on a case by case basis. In this case, the circumstances surrounding Gobbo's defense outweigh the court's responsibility to make restitution.

Notes
Every state has a similar law.

Summarized from Life of a Law Student