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Wall v. Hall

Since the jury's question concerned the loss-of-consciousness defense, the trial court did not err in recharging on that defense, even though the jury did not specifically request that instruction.

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Jane Wall sued Bradley Hall for claims arising out of an automobile collision. Wall appeals an adverse judgment on a jury verdict. She asserts that the trial court erred in its responses to questions from the jury, including its sua sponte recharge of the defense theory, and in failing to grant a mistrial. We find no abuse of discretion in either respect and affirm the judgment.

On June 6, 1996, a vehicle driven by Hall crossed a roadway into oncoming traffic and collided with a vehicle driven by Wall. Wall sued Hall on theories of negligence and negligence per se for violating various traffic laws. Hall defended partly on a theory that he had suffered an unforeseeable “fainting spell or loss of consciousness.” After the accident, Hall was diagnosed for the first time with a seizure disorder.

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