This section contains the nature of the case and procedural background.

Petty's (D) guest, Cohen (P), was injured when D lost control of his car, and it crashed against an embankment on the side of the road. P received permanent injuries. There were four occupants in the car and evidence was introduced that the accident may have been caused when D suddenly fainted. D had never experienced fainting before. This evidence was uncontroverted. D received a directed verdict from the trial court in his favor; no action in negligence can lie when the act causing injury was involuntary, unanticipated, and outside the control of the actor. P appealed.

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