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Breunig v. American Family Ins. Co

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Law Dictionary

Featuring Black's Law Dictionary 2nd Ed.
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Torts Keyed to Prosser

Citation. Breunig v. American Family Ins. Co., 45 Wis. 2d 536, 173 N.W.2d 619, 1970 Wisc. LEXIS 1138, 49 A.L.R.3d 179 (Wis. 1970)

Brief Fact Summary. The Plaintiff, Breunig (Plaintiff), was injured in a car accident when Erma Veith (Ms. Veith), the Defendant, American Family Ins. Co.’s (Defendant) insured, drove her car into the Plaintiff’s truck after suffering a schizophrenic attack.

Synopsis of Rule of Law. It is unjust to hold a person to a reasonable person standard in evaluating their negligence when a mental illness comes on suddenly and without forewarning causing injury to another.

Facts. Ms. Veith was driving home when she saw a white light on the back of the car ahead of her and followed it for three or four blocks. The next thing she recalled she was lying in a field on the side of the road. At trial, a psychiatrist testified that Ms. Veith told him that she believed God took control of the car and she stepped on the gas when she saw the Plaintiff’s truck coming towards her because she knew she would become airborne. The psychiatrist testified that while driving her car, Ms. Veith was not able to operate the vehicle with a conscious mind because she suffered from a schizophrenic reaction of which she had no forewarning.

Issue. Whether mental illness is an exception to the reasonable person standard.
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