Conn. Civ. Jury Instr. 3.7-17

The plaintiff claims that the defendant was negligent in falling asleep while driving. As part of

the duty to use reasonable care in the operation of a motor vehicle, a driver must take very great

care to avoid falling asleep. Because sleep does not ordinarily come upon a driver of a car

without some warning of its approach, a driver who knows, or should know, that (he/she) is

becoming sleepy must either maintain a constant vigilance to stay awake or cease driving. Proof

that a driver of a car fell asleep while driving is, alone, a sufficient basis for finding the driver

negligent.

[<Give the following paragraphs if the defendant claims to have proven that there was an

unforeseen falling asleep or loss of consciousness caused by a circumstance that tends to excuse

or justify the conduct.> In this case, the defendant has claimed that (he/she) is not liable because

the falling asleep or loss of consciousness while driving was caused by <state the facts claimed

by the defendant to excuse or justify conduct>. A driver who falls asleep or loses consciousness

while driving may be found not to be negligent if such conduct was due to unforeseen sleep or

loss of consciousness resulting from a condition of which the driver was not and should not have

been aware.

In evaluating circumstances presented in this case, you should keep in mind that ordinarily sleep

does not come upon one without warning of its approach. Additionally, a driver who loses

control of a car due to a sudden condition or loss of consciousness is not automatically excused

from liability. Whether a driver is negligent or not under these circumstances depends upon

whether (he/she) was or should have been aware of the claimed condition. A driver is not

negligent when suffering a black-out, fainting spell, sudden attack or loss of consciousness when

it occurs without premonition or warning. In determining whether the defendant was negligent

under the circumstances of this case, you should consider the defendant's health history along

with all of the other evidence presented.]