In October 2024, we went to trial in Guilford County, North Carolina, with co-counsel David Stradley and Ann Ochsner, on a tragic case involving the wrongful death of a pedestrian. The case involved a driver who lost control of her vehicle, veered off the road, and fatally struck a man who was simply retrieving his mail. The defense? That the driver suffered from a sudden medical emergency—specifically, hyponatremia, or low sodium levels—which caused her to lose control of her car.
This defense is not new in North Carolina, but using hyponatremia as the basis for a “sudden incapacitation” argument was virtually unheard of. The jury ultimately rejected this defense and returned a $700,000 verdict in favor of our client. Let’s break down why.
The Crash and the Key Issue at Trial
The driver, an 87-year-old woman with multiple health issues, including dementia, was traveling on a rural road when she left the pavement, struck our client, and crashed into a church sign. At the hospital, doctors noted that her sodium level was 126—slightly below normal but far from critically low. The defense argued that this sodium imbalance caused sudden metabolic encephalopathy, rendering her incapacitated at the moment of the crash.
Under North Carolina law, a sudden incapacitation defense can excuse a defendant driver from liability if they prove:
1. They suffered from a sudden incapacitation;
2. The incapacitation was unforeseeable to the defendant;
3. This event made them unable to control the vehicle;
4. The incapacitation caused the accident
Word v. Jones, 350 N.C. 557, 562, 516 S.E.2d 144, 147 (1999). The burden of proof for this defense was on the defendant’s estate, as the driver had unfortunately passed away (from unrelated causes) before trial.
Why the Defense Was Rejected
The defense presented expert testimony arguing that hyponatremia, or low sodium levels, could have suddenly incapacitated the driver, causing her to lose control of her vehicle. However, the evidence simply didn’t support that claim.
First, there were no prior cases in North Carolina where hyponatremia had been successfully used as a sudden incapacitation defense. Courts have historically recognized medical emergencies such as heart attacks, strokes, and seizures as valid defenses because they can occur instantaneously and without warning. Hyponatremia, on the other hand, is a gradual metabolic imbalance that develops over time, making it a poor candidate for a true “sudden emergency.”
Second, the driver’s own statements contradicted the defense. Before she passed away, she provided responses in discovery where she recalled going off the road but not the actual impact. This detail was significant—if she remembered leaving the pavement, she was still conscious at that point. That directly undermined the argument that she had been rendered immediately incapacitated.
Third, her condition at the scene didn’t indicate a sudden, total loss of control. When emergency responders arrived, she was described as confused but alert and responsive. If hyponatremia had caused a true medical emergency, one would expect clear signs of severe distress or unconsciousness.
Finally, the question of foreseeability was a major hurdle for the defense. The driver had a documented history of dementia and other health concerns. If her medical state made her unfit to drive, then her loss of control was not truly “unforeseeable”—a key requirement for a successful sudden incapacitation defense. A driver cannot claim an unexpected medical emergency when there were clear warning signs that their ability to drive safely was already compromised.
In the end, the jury saw through the defense’s argument. The evidence simply didn’t support the idea that hyponatremia caused a sudden, unforeseeable medical event. Instead, the facts pointed to a preventable tragedy—one that could have been avoided had the driver not been behind the wheel in the first place.
Lessons From This Case
This case serves as an important reminder that not all medical conditions qualify as a sudden incapacitation defense. If a driver chooses to get behind the wheel despite ongoing health concerns, they may still be liable for any harm they cause.
If you or a loved one has been involved in a serious injury or wrongful death case, we are here to help. These cases are complex, and defenses like “sudden incapacitation” can create significant hurdles. Our firm has the experience to fight back and hold negligent drivers accountable.
If you need help with a serious injury or wrongful death case, contact us today.
Brown v. Glover (Guilford County- 23CVS007952-400)
Disclaimer: Prior results do not guarantee a similar outcome. Each case is unique and depends on its specific facts and circumstances.
