In Hammontree v. Jenner (1971) 20 Cal. App. 3d 528, the Court of Appeal affirmed a jury verdict for a defendant driver who claimed he became unconscious during an epileptic seizure. The driver did not recall the accident, but testified he had a medical history of epilepsy and knew of no other reason for his loss of consciousness. For at least 12 years before the accident, the driver's condition was controlled by medication; the Department of Motor Vehicles required him to report to a doctor, who was required to advise the DMV in writing once a year of the driver's condition; and the driver's doctor testified he believed it was safe for him to drive. (Id. at pp. 531-532 rule that liability of a driver suddenly stricken by an illness rendering him unconscious rests on principles of negligence was "established law of this state" and was dispositive; trial judge properly refused to instruct the jury on theory of absolute liability. Cases from other jurisdictions apply a similar rule. (See, e.g., McCall v. Wilder (Tenn. 1995) 913 S.W.2d 150, 155, 157 Sudden loss of consciousness or physical capacity experienced while driving which is not reasonably foreseeable, is a defense to a negligence action. Summary judgment for the driver was reversed. Reasonable jurors could reach different conclusions as to whether the driver was acting as a reasonably prudent person in driving at the time of the accident, where the driver suffered seizures prior to the accident and was aware of medical condition causing unconsciousness; Roman v. Estate of Gobbo (2003) 99 Ohio St. 3d 260, 272-273 Driver suddenly stricken by a period of unconsciousness, which he has no reason to anticipate and which makes it impossible for him to control the vehicle, is not chargeable with negligence. Burden of proof of the defense is on the driver.)