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Fuller v. Preis | 322 N.E.2d 263 (1974)
A negligent defendant may typically be held liable for injuries arising directly and proximately from the negligent conduct. But when an injured party then commits suicide, which is an intentional act, can the negligent defendant be held liable for wrongful death? The Court of Appeals of New York considered that question in the 1974 case of Fuller versus Preis.
Doctor Kenneth Lewis, a surgeon, was driving his car when he was involved in a collision with a small pickup truck driven by Harry Preis. Lewis hit his head on the inside of his car during the collision, but he didn’t seem injured. He declined assistance at the scene and drove himself home. But two days later, Lewis began experiencing seizures. He was hospitalized and diagnosed with brain injuries.
Lewis increasingly suffered from seizures and unconsciousness. He had to stop performing surgery. During the ensuing months, his wife became ill and his mother was diagnosed with cancer. Seven months after the accident, Lewis shut himself in his bathroom, and after being heard saying to himself, quote, “I must do it,” unquote, he committed suicide. William Fuller, the executor of Lewis’s estate, sued Preis for wrongful death.
A jury awarded Fuller $200,000, but the New York Appellate Division both set aside the verdict as against the great weight of the evidence, and dismissed the complaint. Fuller then appealed to the Court of Appeals of New York, the highest court in New York State.
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