The Oregon Court of Appeals has clarified the pleading burden for defendants who assert a sudden medical emergency defense. Loper v. Brakel, 343 Or App. 445 (Sept. 17, 2025) arose from a rear-end collision. The defendant planned to argue he was not negligent because he suffered a seizure and lost consciousness just before the collision. The plaintiff moved to exclude the defense entirely, asserting it was an affirmative defense that the defendant had not pled. The trial court granted the motion; the defendant then admitted liability and proceeded to appeal a verdict that exceeded $5.5 million.
 
The Court of Appeals reversed. It held that a sudden medical emergency – like a seizure or loss of consciousness – goes to whether the defendant acted with reasonable care under the circumstances and is therefore encompassed within a general denial, not an affirmative defense requiring separate pleading. Evidence of such an unforeseeable medical event directly controverts the plaintiff’s proof of negligence and may be introduced under a general denial. 

While ultimately a favorable outcome for civil defendants, Loper serves as a reminder of the importance of identifying what must be pled as an affirmative defense. Practically, defendants should still provide timely disclosure of supporting facts and medical evidence in discovery and pretrial filings, and be prepared to demonstrate that the event was sudden and not reasonably foreseeable.