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Legal Scenario
The Plaintiff is Anna Washington. She was in a car wreck in Your County, IN two weeks ago. She claims that she was stopped at a red light when Defendant, David Carver rear ended her. She claims he was texting at the time as she could see the top of his head as she watched him hit her car. Her car, worth $12,000, was totaled and she suffered whiplash and other soft tissue damage that she is in the process of treating. She has had some medical bills, but her treatment is ongoing.
The Defendant, David Carver contends that, while he was in a car accident with Anna, he was not texting at the time. He says he had a seizure that caused him to momentarily black out and hit her car. That is the basis for his defense.
What would be a few legal affirmative defenses that would suit Defendant, David Carver against Plaintiff, Anna Washington? In addition, explain how/why each of the affirmative defenses would suit Defendant, David Carver in a suit against Plaintiff, Anna Washington.
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