Roman v. Estate of Gobbo

In Roman v. Estate of Gobbo, 99 Ohio St.3d 260, 791 N.E.2d 422, 2003 Ohio 3655, the defendant suffered a fatal heart attack while driving, resulting in his own death and the death of other drivers. The Roman defendant had a prior medical history of heart disease, including a prior bypass surgery. Roman, 99 Ohio St.3d at 263. However, the defendant, in Roman, had not been advised not to drive and his physician had described his condition as stable. In considering the foreseeability of the defendant's heart attack in Roman, the Ohio Supreme Court specifically rejected the argument that "a driver who operates a vehicle with knowledge of any medical condition should bear the risk of injuries that result from loss of consciousness or incapacitation due to the condition. Appellants contend that assumption-of-the-risk principles should apply in a situation where a driver with a medical condition chooses to operate a vehicle." Roman, 99 Ohio St.3d at 271. In reviewing that argument, the Roman Court concluded that "if we accept this argument, then only those defendants who have never had any inkling of any medical condition would be able to assert and prevail on the sudden-medical-emergency defense, and all other drivers would be precluded from relying on the defense." Id.