Laying Down the Law with Billy DeClercq, Esq.

Check out Billy on the Web: www.comedy.lawyer


See You're on Mute - LIVE (" The Greatest Sketch Group of All Time" featuring Billy DeClercq, JoAnna Senatore, Griffin Taylor, & Toni Senatore, with special guests) every 1st Saturday night every month at 10:00 pm at the Pack Theater in Hollywood.... live sketch and improv comedy birthed from Second City classes by four exemplary students, molded by the pressures of Zoom shows during the pandemic and now before you perfected for live performance. 

Tickets:
https://www.eventbrite.com/e/youre-on-mute-tickets-455231950017

Billy presents the classic case of Hammontree v. Jenner, where a driver who unexpectedly suffered an epileptic seizure lost control of his vehicle and crashed into a bicycle shop. The question presented by this case is whether a driver can be held strictly liable or even if he is not negligent? Then, in improvisation, we find out what happens if God gets sued. Finally, we learn about Jeff’s hopes and dreams, his favorite memory from his days as a Sailor with the U.S. Navy, and what he’s grateful for.

Guest Co-Host: Jeffrey Feightner, veteran of the U.S. Navy, host of FOR THE TREES, former host of the retired podcast ROUND N ROUND; actor in FOUR’S A CROWD, actor/producer of DISPATCHES OF DISASSOCIATION, and COYOTE’S BLUFF, and producer at Verboten Productions. Twitter: @VerbotenPM

A production of Beyond Unreasonable Doubt and Verboten Productions, produced by Jeffrey Feightner.
Theme music: Galactic Damages by Jingle Punks.
Cover Art by Q.
Follow Billy DeClercq on Twitter: @MaxHeadroomEsq and on Instagram: @Law_and_Disorder_Live

TIMECODE GUIDE

Hammontree v. Jenner - 20 Cal. App. 3d 528, 97 Cal. Rptr. 739 (1971)

This is a foundational tort law case explaining the difference between strict liability (or “absolute liability”) as exemplified by this case where the liability of a driver who suddenly becomes ill and unconscious is based on negligence principles. Plaintiffs Mr. and Mrs. Hammontree sued the defendant Mr. Jenner for personal injuries and property damage resulting from an automobile accident where he had lost control of his vehicle due to an unexpected epileptic seizure. He testified he had a history of epilepsy that was typically controlled by medication. The plaintiffs requested an instruction on “absolute liability” where a driver loses consciousness and as a result the vehicle causes injuries and damage. The judge refused, and plaintiffs lost the trial. On appeal, the verdict was affirmed.

The Court of Appeal affirmed, and decided that the lower court did not err by refusing to instruct the jury that the driver (Jenner) could be held to a standard of “absolute liability” when he operated his vehicle with knowledge of his history of epilepsy. The correct standard is a rule of negligence in cases where personal injury is a result of an automobile accident.

Also, this episode demonstrates that there are no lawyers in Heaven, so if you sue God, He would have to borrow one from the Devil.

If you’re ready to make a podcast, make your podcast better or collaborate in another way, contact us at makemypod@fytepro.com