Wis JI-Civil 1021.2

(Defendant) has denied that (he) (she) was negligent in the operation of the

automobile on the ground that, without prior warning, (he) (she) was subjected to an illness

that affected (his) (her) ability (to understand and appreciate the duty to exercise ordinary

care in driving the car) (to control the car in an ordinarily prudent manner).

The law of Wisconsin is that where a driver, through sudden illness or loss of

consciousness, commits an act or omits a precaution which would otherwise constitute

negligence, such act or omission is not negligence if the occurrence of such illness or loss of

consciousness was not preceded by sufficient warning that a person of ordinary intelligence

and prudence ought reasonably to foresee that he or she, by driving a car would, subject the

person or property of another or of himself or herself to an unreasonable risk of injury or

damage.

However, when the occurrence of the illness or loss of consciousness should have

been reasonably foreseen, then the person so disabled may be found negligent. The

negligence is not in the manner of driving but rather in driving at all, if the person should

reasonably have foreseen that the illness or lack of consciousness might occur and affect the

person's manner of driving.