Torts Keyed to Epstein
Lyons v. Midnight Sun Transportation Services, Inc
Plaintiff was killed when her van was truck broadside by a truck driven by Jette and owned by Defendant. Plaintiff pulled out of a parking lot in front of Jette. Jette braked and steered to the left but Plaintiff continued to pull out further into the traffic lane. Jette’s truck collided with Plaintiff. Plaintiff filed suit against Defendant, claiming that Jette had been speeding and driving negligently. Conflicting testimony was introduced regarding Jette’s speed. Testimony suggested that if Jette had stayed in his lane, the accident would not have happened. Defendant claimed that steering to the left when a vehicle pulls out is a normal response. The jury was given an instruction on the sudden emergency doctrine. The jury found that Jette (and thus Defendant) had been negligent, but his negligence was not a cause of the accident. Plaintiff appeals, arguing that the sudden emergency doctrine was wrongfully given to the jury.
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