For the past 3 years Attorney Goldenberg has been representing a client accused of negligent motor vehicle homicide. From the first time they met, she suspected that he had suffered a seizure that resulted in the fatal collision. He had never been diagnosed with a seizure disorder, so he was not on notice that he should not be driving a motor vehicle.
Attorney Goldenberg hired a doctor who is board certified in neurology to take on this complex case. That doctor reviewed extensive medical records and recommended further testing to achieve a proper diagnosis. The Government hired an independent doctor to review the expert’s report and the client’s medical records. That doctor reached the same conclusion: the client was suffering from a seizure and had no control over his car when the crash occurred.
When a driver suffers “a sudden medical emergency” and does not have notice that they are at risk of such an event, their dangerous driving cannot constitute negligence. The Government entered a nolle prosse (dismissal) of the charges.